CPS News Brief

Lorry driver jailed for fatal M69 collision

Lorry driver jailed for fatal M69 collision

 

A lorry driver who veered onto a motorway hard shoulder after using his phone at the wheel has been sentenced to eight years in prison today (14 December) after causing death by dangerous driving. 

Felix Gillon, 56, destroyed his phone and SIM card immediately after the collision in an attempt to conceal evidence.

Leicester Crown Court heard how Gillon was driving a flat-bed lorry on the M69 in Leicestershire in May 2016 when he collided with another truck that was stationary on the hard shoulder.

The prosecution’s case was that Gillon had veered towards the hard shoulder because he had been using his mobile phone to access the internet, in particular pornographic websites, immediately prior to the crash.

The collision forced the stationary truck into the crash barrier, crushing its driver, Kerry Pemberton.

Janine Smith, from the CPS, said:

“This tragic collision was caused by Felix Gillon driving into Mr Pemberton’s stationary vehicle because he had allowed himself to be distracted by his phone.

“When deciding whether to prosecute a defendant for causing death by dangerous driving, the CPS will consider avoidable distractions as a significant factor.

“On looking at the evidence of Gillon’s mobile phone activity, it was clear that he had chosen to access the internet and this had inevitably caused a distraction. He then attempted to conceal the evidence provided by his phone’s browsing history. 

“I would like to express my sincere sympathies to Mr Pemberton’s family and friends.”

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Notes to editors

• Janine Smith is Chief Crown Prosecutor for CPS East Midlands. 
• Gillon was convicted of causing death by dangerous driving and perverting the course of justice.

Lorry driver admits injuring cyclist after motorway footbridge crash

A lorry driver who caused a footbridge to collapse onto a busy motorway after his load struck it, has pleaded guilty to causing serious injury by dangerous driving today (Thu 14 Dec).

A motorcyclist was left with serious injuries after sliding his bike to avoid colliding with the fallen concrete bridge on the M20 in Kent. The motorway had to be closed for more than 24 hours over the bank holiday weekend in August 2016.

Lorry driver Alan Austen, 64, was pulling a trailer carrying an excavator when the arm of the machinery struck the footbridge at around midday on Saturday 27 August 2016.

Austen appeared at Maidstone Crown Court today where he pleaded guilty to one count of causing serious injury by dangerous driving. He was sentenced to 12 months' imprisonment, suspended for two years, and was ordered to complete 200 hours of unpaid work. He was also disqualified from driving for three years and must pass an extended test before he will be allowed to drive again.

David Skelton, from the CPS, said: 

“It was our case that it would have been obvious to a competent and careful driver that the load was too high to be transported safely under the bridge. 

“The defendant had supervised the loading of the items and did not measure the height before setting off, ignoring concerns raised by two colleagues. He stopped just prior to the crash to check his load but this was obviously inadequate. 

“His actions led to the bridge collapse which left one man with serious injuries and which had a huge financial impact on the whole region, closing off a vital transport link in the South East during a busy travel period.

“It was fortunate that no-one was killed and more people were not hurt in this incident, which could have been much more serious.”

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Notes to Editors

·         David Skelton is a Senior Crown Prosecutor in CPS South-East