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Fatigue blamed for death crash

4th July 1996, Page 12
4th July 1996
Page 12
Page 12, 4th July 1996 — Fatigue blamed for death crash
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by Ross McCarthy 111 A lorry driver who was involved in an horrific accident on the M5 near Birmingham when two motorists were killed has been fined £800.

John Cain was cleared of causing the death of RAF Corporal James Sawyer and John Nobes by dangerous driving, but was convicted at Birmingham Crown Court of driving without due care and attention. Cain, 36, of Golspie, Scotland, had previously admitted two charges of falsifying records relating to the tachograph in his cab.

Judge David Matthews, who also banned Cain from driving for 18 months, said: "I have not the slightest doubt you were overcome by fatigue. That was the reason why you allowed your vehicle to drift across the motorway. "1 think you would have known long before that moment you were no longer fit to drive and you should have stopped."

Christopher Haien, prosecuting, said the accident happened on 19 March,1994 as Cain was driving his empty Leyland Daf southbound between Great Barr and Spaghetti Junction.

Hotton told the court that Cain's vehicle crossed into the northbound carriageway and crashed into oncoming traffic.

Sawyer, a 35-year-old father of three from Preston, Lanes, was killed when his Volkswagen Passat was ripped in two by the force of the collision. Nobes, 39, from Wigan, was killed in his Ford Escort.

John Miffing, defending, said the accident was probably caused by the sudden deflation of one of the lorry's tyres.