Fatal accident driver is freed
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by Steve Gravenor • A driver involved in a fatal accident caused by his lorry's faulty brakes, has walked free from court.
Ian Nicholson, of Douglas Road, Clacton, Essex, admitted driving his Renault artic unit with defective brakes when he appeared before Clacton magistrates. But he was given an absolute discharge after the court ruled he could not have known the load sensing valve on the Renault was not working properly, Nicholson was originally charged with causing death by reckless driving but that case was dropped when no evidence was offered at Chelmsford Crown Court earlier this year.
However, his former transport manager, Michael Hearn of Euro Truck Services at Lawford, was fined 500 with 100 costs when he admitted using the same vehicle with defective brakes.
Claudia Mars, a 28-year-old Dutch woman, was killed instantly in the accident in January 1995.
The court was told the load sensing valve was jammed.
Annette Redgrave, prosecuting, said the effect had been to cause the rear wheels to lock and for the vehicle to spin out of control into the car carrying Mars. Hearn claimed his fitter had assured him all work had been carried out and that the vehicle had been declared roadworthy by the DOT test centre at Ipswich.
The court also imposed three penalty points on Hearn's licence. Hearn, of Flag Hill Caravan Park, Great Bentley, Essex, no longer works for the company.