This is just so sad on a number of levels. Two young fellas were killed, and one HGV driver was jailed for 10 years for a short period of loss of concentration.
A lesson to all those in our trade.
Two Ryanair pilots killed as lorry driver 'switched off' and crashed into Uberhttps://www.coventrytelegraph.net/news/ ... y-33223812Liverpool Crown Court heard how lorry driver, Anthony burns, appeared to have 'switched off' before he crashed his HGV into the back of an Uber. Two passengers, both Ryanair pilots, Jamie Fernandes, 24, and Matthew Greenhalgh, 28, died, and their driver was injured, as the taxi, was crushed between two lorries.
The HGV, which struck the back of the Uber, driven by Burns, 63, who failed to spot a queue of stationary traffic ahead of him. It had formed following a closure of the westbound carriageway of the M62. He had been suspected of fallen asleep at the wheel, but he now says that he was 'effectively on autopilot' and 'did not register what was in front of him until it was far, far too late.'
Uber driver, Rashid Mehmood collected Mr Fernandes and Mr Greenhalgh from Luton airport at around 1:30am on July 10 2024, to drive them to Liverpool John Lennon airport that morning. He said the two pilots 'immediately went to sleep' and the journey in his Toyota Auris was 'relatively non-eventful,' reports the Liverpool Echo.
However as the Toyota drove westbound and neared Liverpool, approaching junction eight at Warrington West, signs warned motorists to slow from 70 mph to 60 mph, then to 50 mph and 40 mph as there had been an incident on the opposite carriageway, forcing the closure of the westbound motorway to allow paramedics though to the scene.
Jamie Fernandes died as his taxi travelling in to Liverpool Airport was crushed by lorry driver(Image: PA)
This led to a 'pretty big queue of traffic' near the entry to the slip road as the Uber came to a stop behind a lorry. CCTV footage showed both vehicles were stationary for seconds before the HGV, drove into the back of the Uber - only braking less then one second before the impact.
Mr Mehmood's car was crushed between two lorries leaving Mr Fernandes and Mr Greenhalgh with injuries that were 'not survivable.' The taxi driver 'remarkably survived' but sustained a broken shoulder, multiple rib fractures and has difficulties with his spine. Officers became aware of his survival after seeing his hand emerging from the wreckage.
Witness, Iain McGilp, reported it was 'like the driver (Burns) had fallen asleep approaching the traffic.' Mr Damian Nolan, prosecuting, said that his lorry was not found to have any defects that could have caused the crash. The 63-year-old defendant "had an unobstructed view of the rear of the queueing traffic" for at least 500 metres prior to the scene of the collision.
Burns was not on his mobile phone at the time nor was he under the influence of drink or drugs. A tachograph unit fitted to his HGV revealed that he had been "travelling at a steady 56mph" for 35 minutes before the incident, but for a "short period of deceleration" around four minutes earlier.
Burns answered no comment to all questions and "provided no explanation for his manner of driving". He had accumulated 16 previous convictions for 28 offences, which included a suspended prison sentence for arson in the 1990s.
He was given three penalty points in August 2021 for driving another HGV with an unsafe load when his lorry dropped its cargo on the A18 near Scunthorpe. Michael Hayton KC, defending, said: "The victims were two young men of bright futures, bright pasts, loving families with a great deal to look forward to."
Judge Simon Medland KC observed that Burns was "riven by remorse", his counsel said: "That is an opposite way of putting the position. There is very clear remorse and regret for the profound impact that his behaviour and actions have had upon the families of all the victims.
"In the intervening period, knowing that there are those who have lost family members, he too has suffered a great deal. He is empathising with those who have suffered and very much regrets, for their part, what he has done. He would do anything to go back in time. He is, no doubt, not alone in that.
"He was effectively on autopilot. He went out that day to do his job. He has been a professional driver for more than 30 years. He has never had an accident, either as a personal driver or in his professional capacity. He is, on any other day, a safe driver. On this particular occasion, he has driven dangerously and caused two deaths and serious injury.
"When one looks at what his driving was, we suggest that the gravamen of his offending is in the period of time in the immediate run up to the crash. The vehicle had largely been driving at a steady speed for more than half an hour. That suggests that he was conscious and able to manoeuvre. Although he brakes far, far too late, one second before impact, he does brake, meaning that he was conscious.
"He should have been on notice that there was the potential for slower traffic ahead, and he did not respond to that. He did not register what was ahead of him until it was far, far too late. There are enough vehicles with enough red lights ahead of him that he should have noticed it up to 20 seconds previously.
"In this case, what we have is a man doing his job and doing it safely, as he has done for 31 years previously, and just switching off for up to 20 seconds previously. The worst thing that can be said about the defendant's driving is that he had been warned by the matrix signs and he had 20 seconds to react, but he did not.
"He is supported today by a loving, caring family whose focus is on him, who are all alive to the impact on that side of the room [the public gallery where the victims' families were seated] being far greater. The letters of reference and character advanced on his behalf all reinforce that this is a man who, after the period of time since the incident, has changed beyond recognition.
"He is keen and anxious that people do not leave this courtroom thinking he did not care or it did not have an impact on him. He will not live with it like they live with it, but live with it he will.
"These are awful cases, tragic cases, extremely tragic in circumstances of such bright, shining young things that have been taken away from the families. This defendant regrets what he did. He did not go out to drive dangerously. He did not go out to drive a machine of death and mayhem, but each time one of us gets behind the wheel there is a risk.
"Here, for a few seconds, he did not notice what was going on. It is dangerous driving that gives him a substantial sentence of imprisonment that, at his age, will make it difficult, and, with his mental health, will make it difficult."
Burns admitted to two counts of causing death by dangerous driving and one of causing serious injury by dangerous driving. When he appeared in the dock, he wore a black jacket over a white shirt, and grey tie and sporting short grey hair. Burns started to shake as he was led to the cells after being jailed for 10 years.
Judge Medland said while sentencing Burns: "The middle of summer it may have been, but the weather was appalling. Your own description of the rain was, it was torrential. It is obvious that that led to substantial surface water and spray and dangerous driving conditions, especially when you are driving a very heavy vehicle which takes a long time to stop.
"You were driving in the national speed limit comfortably, but the trouble was the prevailing road conditions, in terms of weather, and advisory speed limits indicated that, even driving at that speed, you were driving at a speed which was substantially above that which was safe. You did not observe that there was a substantial queue of stationary or near stationary traffic ahead of you on what was, in reality, a virtually straight road.
"Your vehicle ploughed into the back of that queue, sandwiching the Toyota Auris driven by Mr Mehmood and killing, thereby, the two young men who were asleep in the back. They were Jamie Fernandes and Matthew Greenhalgh, 24 and 28 respectively, two airline pilots who Mr Mehmood was transporting from Luton to Liverpool.
"They were, as your learned counsel has said, bright young men with significant careers and a long life ahead of them. That was taken away from them by your dangerous driving.
"Nobody suggests for one moment that you set out that day to cause harm or injury, still less death, to anybody. For decades by then, you had been a commercial driver and an experienced HGV man. You were not on your phone, you were not under the influence of drink or drugs.
"Whether you were on a sort of robotic autopilot, who knows? You do not know. You are not able to say. One eyewitness thought that it was as if you had fallen asleep. Whether by virtue of that or whether you were just not paying attention, this was a lack of attention for a substantial period of time.
"You were driving at 56mph in a 40mph advisory in torrential rain, with heavy road water and spray. This was a speed which was highly inappropriate for the prevailing weather conditions.
"In mitigation, there are a number of persuasive and valuable character references. A large number of good people speak very well of you as a man. You have, undoubtedly, genuine and profound remorse for the outcome of your dangerous driving.
"You had a pre-existing mental disorder which has been seriously exacerbated by the outcome of your actions, [and had] a major depressive episode. Your driving record must be considered good, as opposed to bad. You have historic convictions for taking a vehicle without consent and driving while disqualified, but those are at a completely different stage of your life. You have one more recent conviction for an unsafe load.
"This dreadful, tragic episode killed two men and serious injured a third. You have heard, and will have understood, the terrible and enduring impact which this episode had on the family and friends of Mr Fernandes and Mr Greenhalgh, and the enduring day to day impact it has on Mr Mehmood.
"The word grief does not quite sum up the feeling. There is always, of course, the oppressive guilt of the survivor, which you probably feel yourself. This sentence is not in any way a value of their lives. That would be impossible. The court must instead reach for what it sees as a just sentence in this case."
Burns must serve at least two thirds of his prison term before he becomes eligible for release. He is banned from driving for 150 months and will be required to pass an extended retest before he is allowed back on the roads.
Login
Register
FAQ
