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Appeal must start again
Page 16
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Appeal agreed, then one of the judges died; now driver must make his case again. Jennifer Ball reports.
A TRUCK DRIVER who caused a fatal crash when he fell asleep at the wheel faces a second appeal hearing against his four-year prison sentence after the judge considering his appeal died.
Last year Victor Coates was convicted at Basildon Crown Court of causing Lee Fitt's death by dangerous driving (CM 10 April 2003).
Lord Justice Kay, sitting with Mr Justice Roderick Evans and Mr Justice Pitcher, heard Coates' challenge against his sentence in London's Criminal Appeal Court last April. His counsel, Peter Birts QC, claimed that the sevenmonth trial was so "inordinately and unnecessarily" long that it violated his A Graves human right to a fair hearing (CM 6 May).
The judges had agreed on their decision before Kay died last month but it had not been written up or given in open court.
Lord Justice Judge, sitting with the two judges who had sat with Lord Justice Kay on the appeal. said when Kay had sent them his draft judgment it would have been open to either of them to reconsider their decisions.