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Prosecution ruled says driver
Page 13
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A TRUCK driver who killed a man after he fell asleep at the wheel has launched an appeal against his four-year prison sentence. Victor Coates, 58, from Felixstowe was convicted at Basildon Crown Court last year of causing Lee Fitt's
death by dangerous driving (CM 10April 2003). Coates' counsel, Peter Birts QC, claims that his seven-month trial was so "inordinately and unnecessarily" long that it vio
lated his rights to a fair hearing under the European Convention on Human Rights. Birts told the Court of Appeal that Judge Philip Clegg had failed
"to manage or control the trial" and let the prosecution to conduct the case at such length as to" oppress" Coates and prejudice his trial. He added that the crux of Coates appeal was that about six months were allowed to lapse between the ending of the evidence against him and the retirement of the jury to consider their verdicts. Sir Derek Spencer, for the prosecution, argued that Coates was fairly convicted on the basis
of compelling evidence as the prosecution had presented an open and shut case against him: "There was clear and uncontroverted evidence that Coates drifted off, including the fact that the rear lights and hazard lights of Lee Fitt's car were flashing, which should have warned Coates of the vehicle's presence. It shouts out that the man had gone to sleep."
Lord Justice Kay, sitting with Mr Justice Evans and Mr Justice Pitchers, reserved judgment, promising a decision soon.