Selby driver's appeal bid fails

Four rail workers and six passengers died in the crash

Gary Hart, the driver who caused the Selby rail disaster, has been told he cannot appeal against his conviction and sentence.

The Criminal Cases Review Commission has refused to ask the Court of Appeal to review the case.

Hart, 39, from Strubby, Lincolnshire , was convicted in December 2001 of causing the deaths of ten people when he crashed onto the railway.

The Commission says there is no chance of the conviction being quashed.

Early release

A spokesman said: "After a thorough review of the case, the commission has concluded that there is not a real possibility that the Court of Appeal would quash the conviction.

"And, therefore, the case cannot be referred back to the Court of Appeal.

"Mr Hart has not made any further representations in response to this, as he is entitled to do, and therefore the decision not to refer the case has now been made."

I don't think the families will ever come to terms with that Carole Whittingham

Last week it emerged that Hart has applied for parole, and if approved, he could be released in the summer.

Some relatives of those who died are unhappy about his potential early release in July.

Carole Whittingham, the founder of SCARD, Support and Care After Road Death, who works with many of the families who lost relatives in the crash, said an early release would add to families' problems.

Referring to his possible release after two-and-a-half years, she said: "To think that your loved one's life is only worth a matter of three months really beggars belief.

"I don't think the families will ever come to terms with that".

Hart is currently serving his sentence at North Sea Camp prison near Boston.

He has already been granted permission for home visits on day release.

It is understood the Probation Service has written to the families informing them of Hart's decision to apply for parole.