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Last Updated: Friday, 12 October 2007, 12:04 GMT 13:04 UK
Death crash charge 'not proven'
Colin Kane (picture from Spindrift)
The court hear Colin Kane had a sleeping disorder
A jury has found the case against a lorry driver accused of causing the deaths of three people by dangerous driving not proven.

The court hear Colin Kane, 36, from Bishopton, Renfrewshire, was later diagnosed with a sleeping disorder.

His truck crashed into a tailback on the A82 near to Alexandria at about 50mph on 1 August, 2005.

Alice-Anne Fuge, 25, 44-year-old Jessie McCann and Nestor Siles, 36, all died in the accident.

Mr Kane sat motionless in the dock as their verdict was read out. Relatives of the victims began to weep in the public gallery.

Jurors had heard the lorry driver told a witness he had a blackout just before the pile-up.

They were told that Mr Kane suffered from a sleeping disorder which may have caused him to fall asleep at the wheel just before the crash.

He was diagnosed with the illness, called obstructive sleep apnoea, several months after the accident.

Judge Lord Menzies had warned jurors, if Kane had an attack of sleep apnoea but had no way of knowing he would suffer such an attack he could not be held responsible.

Alice-Anne Fuge

Ms Fuge, from Dumbarton, was alone in one of two Peugeot cars involved in the accident near Balloch.

Mother-of-three Jessie McCann, from Balloch, was driving the second Peugeot and her passenger was Mr Siles, a golf caddy, from Buenos Aires, Argentina.

Members of the McCann family declined to comment as they left court. Mr Kane left court sobbing and also refused to say anything.

In evidence Mr Kane, who has been driving since the age of 17 and had a clean licence, told the court he did not feel sleepy and said that if he had been he would have pulled over for a break.

Peter Gray QC, defending, said the accused had described himself as "a careful and confident" driver.

Mr Kane was diagnosed with obstructive sleep apnoea five months after the crash.

Sleep disorder expert Dr Peter Fenwick, 72, from London, said he believed Mr Kane had been suffering from the condition for five years prior to the accident.

Another sleep disorder expert, Dr Austin Williams, claimed that Mr Kane would have known he was becoming sleepy and should have pulled over for a rest.

VIDEO AND AUDIO NEWS
Mr Kane refuses to discuss the case as he leaves court



SEE ALSO
Father's verdict on death crash
12 Oct 07 |  Glasgow, Lanarkshire and West
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02 Aug 05 |  Scotland

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