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Driver not at fault for death of 10-year-old girl
Page 23
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POLISH LORRY driver Edward Kicinski was cleared at Mold Crown Court of causing the death of a 10-year old girl after his lorry smashed into a broken-down car on the A55 near Rhuallt Hill in North Wales.
Kicinski ,who lives in New Ross, County Wexford, Ireland. was also cleared of the lesser offence of careless driving.
John Philpotts, prosecuting, said that Joseph Clark was driving from Manchester back to the family home in Llandudno with his wife Ellen as a front-scat passenger and his daughters. Chloe and Chelsea. in the back. The car's engine cut out and its electrical system appeared to fail before it came to a halt on the A55. In addition, its lights weren't working, and it was getting dark and raining intermittently.
A police examination of the lorry's tachograph showed it was travelling at a constant speed of between 53mph and 54mph, but fell to 50mph before the collision.
It was such a small drop that Kicinski could only have been braking a second or so before the impact. which killed Chloe and left her sister seriously injured.
Clark said that when he bought the 10-year-old car from his mother's partner he hadn't known the car was bought by its former owner as an mar failure for £40.
Defending, Kim Halsall said after breaking down, the car had parked in the middle of the slow lane with no hazard warning lights even though it was getting dark.
There was nothing to have prevented Clark steering the vehicle off the road or tight into the kerb once it started to break down. There was a sliproad he could have taken once the car started to lose power.
Kicinski said he thought the car was only 120 metres away, it was getting dark and he didn't have time to stop because another car was overtaking him,