Driver's fit caused High Street death
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AN EPILEPTIC lorry driver with no licence had his second accident in 16 months when his lorry mounted a pavement and struck a lamp-post which fell and killed a passer-by.
At Inner London Crown Court, Michael McCann (39), of Bromyard House, Commercial Way, Peckham, was found guilty of causing death by dangerous driving.
In his summing-up, the judge told the jury, "You have to consider whether Mr McCann was aware of the possibility of having a fit or whether he had done so inadvertently."
The jury returned a verdict of guilty. McCann was sentenced to 12 months' imprisonment, suspended for two years, and disqualified from driving for a year.
Prosecuting counsel said McCann was driving in the Old Kent Road in August 1977 when his lorry mounted the pavement and caused the accident.
Counsel added, "A passing driver saw the defendant's head rocking backwards and forwards. His hands were not on the wheel and his arms were moving up and down.
"He was in a daze and his mouth covered in spittle. When questioned by police, he replied, `I don't remember any lorry,' "said counsel.
McCann was later examined by a doctor who considered McCann had had an epileptic fit.
In April 1976 McCann was taken to Lewisham Hospital after being involved in an accident.
"His condition was consistent with him having an epileptic fit and it was pointed out to him the dangers of driving in the future," s; counsel.
In October that yE McCann's hgv licence end, His application for a renev was turned down after he Ii about his epilepsy.
The prosecution said it h shown McCann had had epileptic fit before. Thera( he was not entitled to say was not responsible becau he should not have be driving.
McCann claimed, after tN, examinations following t first accident, that doctors se he did not suffer from epilejx. "Too much spirits might ha caused me to black out, but was fit," he said.
He added, "When I w refused my licence I did n think it was a fair decisio because I had not had epileptic attack."