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Death crash charge 'not proven' Death crash charge 'not proven'
(about 2 hours 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 by dangerous driving not proven.
Colin Kane, 36, from Bishopton, Renfrewshire, had denied causing the deaths by dangerous driving. The court hear Colin Kane, 36, from Bishopton, Renfrewshire, was later diagnosed with a sleeping disorder.
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 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.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. Mr Kane sat motionless in the dock as their verdict was read out. Relatives of the victims began to weep in the public gallery.
Sleeping disorder Jurors had heard the lorry driver told a witness he had a blackout just before the pile-up.
Mr Kane sat motionless in the dock as their verdict was read out. They were told that Mr Kane suffered from a sleeping disorder which may have caused him to fall asleep at the wheel just before the crash.
Relatives of the victims began to weep in the public gallery. He was diagnosed with the illness, called obstructive sleep apnoea, several months after the accident.
Jurors had heard how the lorry driver told a witness he had a blackout just before the pile-up. Judge Lord Menzies had warned jurors, if Kane had an attack of sleep apnoea but had no way of knowing he would suffer such an attack he could not be held responsible.
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. class="" href="/1/hi/scotland/glasgow_and_west/7041713.stm">Father's verdict on crash
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. Mother-of-three Jessie McCann, from Balloch, was driving the second Peugeot and her passenger was Mr Siles, a golf caddy, 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.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.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. Peter Gray QC, defending, said the accused had described himself as "a careful and confident" driver.
Mr Kane was diagnosed with obstructive sleep apnoea five months after the crash.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.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.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".