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| Version 0 | Version 1 |
|---|---|
| Death crash charge 'not proven' | Death crash charge 'not proven' |
| (30 minutes later) | |
| A jury has found the case against a lorry driver accused of causing the deaths of three people not proven. | A jury has found the case against a lorry driver accused of causing the deaths of three people not proven. |
| Colin Kane, 36, from Bishopton, Renfrewshire, had denied causing the deaths by dangerous driving. | |
| His truck crashed into a tailback on the A82 near to Alexandria in Dunbartonshire at about 50mph on 1 August, 2005. | His truck crashed into a tailback on the A82 near to Alexandria in Dunbartonshire at about 50mph on 1 August, 2005. |
| Alice-Anne Fuge, 25, 44-year-old Jessie McCann and Nestor Siles, 36, all died in the accident. | |
| The jury of nine women and six men at the High Court in Glasgow was sent out on Thursday afternoon. | The jury of nine women and six men at the High Court in Glasgow was sent out on Thursday afternoon. |
| Sleeping disorder | Sleeping disorder |
| Mr Kane sat motionless in the dock as their verdict was read out. | Mr Kane sat motionless in the dock as their verdict was read out. |
| Relatives of the victims began to weep in the public gallery. | Relatives of the victims began to weep in the public gallery. |
| Jurors had heard how the lorry driver told a witness he had a blackout just before the pile-up. | |
| They were also told that Mr Kane suffered from a sleeping disorder, which may have caused him to fall asleep at the wheel just before the crash. | |
| The accused was only diagnosed with the illness, called obstructive sleep apnoea, several months after the accident. | The accused was only diagnosed with the illness, called obstructive sleep apnoea, several months after the accident. |
| Judge Lord Menzies urged the jurors to consider whether Mr Kane fell asleep because of this condition and without any warning or whether he was simply drowsy. | |
| Clean licence | |
| Ms Fuge, from Dumbarton, was alone in one of two Peugeot cars involved in the accident near Balloch. | Ms Fuge, from Dumbarton, was alone in one of two Peugeot cars involved in the accident near Balloch. |
| Ms McCann, from Balloch, was driving the second Peugeot and her passenger was Mr Siles, from Buenos Aires, Argentina. | |
| Members of the McCann family declined to comment as they left court. Mr Kane left court sobbing and also refused to say anything. | |
| In evidence Mr Kane, who has been driving since the age of 17 and had a clean licence, told the court he did not feel sleepy and said that if he had been he would have pulled over for a break. | |
| Peter Gray QC, defending, said the accused had described himself as "a careful and confident" driver. He did not think he was a risk or danger to other road users. | |
| Mr Kane was diagnosed with obstructive sleep apnoea five months after the crash. | |
| Sleep disorder expert Dr Peter Fenwick, 72, from London, said he believed Mr Kane had been suffering from the condition for five years prior to the accident. | |
| Another sleep disorder expert, Dr Austin Williams, claimed that Mr Kane would have known he was becoming sleepy and should have pulled over for a rest. | |
| Driver Brian Johnson, 42, who arrived at the scene just minutes after the crash, said Mr Kane was "very distressed and shocked". |