Sleep apnoea sufferer walks free from court

Oct 2 2007 Liverpool Daily Post

A LORRY driver who fell asleep at the wheel of a 35- tonne vehicle which ploughed into a web designer’s car, killing him, after falling asleep at the wheel has walked free from court.

Liverpool Crown Court heard yesterday (Mon) that Colin Wrighton suffers from sleep apnoea but was unaware he had the medical condition until after the accident.

It is estimated that about 300,000 middle-aged men suffer from obstructive sleep apnoea syndrome, but frighteningly, more than 80% remain undiagnosed and untreated.

An expert stated the disorder – during which the sufferer can moment- arily awaken hundreds of times a night because their airway is blocked – "remains among the most undiagnosed and under- treated medical conditions, and awareness among the public and within the medical profession is low".

The court heard that sufferers do not remember waking in the night. and wonder why they are tired.

Mr Wrighton, 53, had twice consulted his GP about his tiredness but the condition had not been diagnosed, nor was he told not to drive.

He was charged with causing the death of 25- year-old Sale man Joseph Tobias Tweddell by dangerous driving after his lorry ploughed into Mr Tweddell’s Nissan Micra at the end of the M62 by the Rocket Interchange, Liverpool, on August 8 last year. The victim, known as Toby, a web designer who was on his way to work in Liverpool, was freed from the wreckage and taken to Whiston Hospital but he had suffered catastrophic injuries and died about five and a half hours later at 2pm.

Ian Harris, prosecuting, said that victim impact statements from his parents and his fiance, Jenny Crisp, were "heart rending".

His father, Nic Tweddell, of Penrith, Cumbria, said he imagined the driver would carry the burden of remorse for ever.

"Road death is a blind spot in our society. If 20 people die in a train crash it is a national disaster, yet statistically that many people die on our roads every two days throughout the year."

Mr Harris said obesity is a clinical feature of the syndrome and Wrighton, who then weighed 20 stone, told the defence expert he felt tired most days and used to cat nap when he felt sleepy while driving, which is a common practice among truck drivers.

The court heard Mr Wrighton had contacted the DVLA of his own accord and his HGV licence has been rescinded.

After he offered no evidence against Mr Wrighton, of Mitchell Street, Clitheroe, Lancashire,

Judge David Aubrey, QC, recorded a not guilty verdict.

Mr Wrighton shook his head when Judge Aubrey discharged him from the dock, telling him: "I anticipate you may leave with some relief."

He nodded and wept when the judge added, "but still with a heavy heart."