Fundamental error caused two deaths – court is told

DRIVER ACCUSED OF CARRYING OUT A ‘SERIES OF MISTAKES’ THAT CAUSED BUS TO CRASH

THE driver of a double decker bus who killed two people in Coventry made an “absolute fundamental error” which led to their deaths, a court has heard.

Kailash Chander is accused of carrying out a “series of errors” which caused the bus to go out of control in Hales Street before going off the road and eventually ploughing in to the side of the Sainsbury’s supermarket in Trinity Street.

Chander, 80, was charged with causing the deaths of two people – Rowan Fitzgerald and Dora Hancox – by dangerous driving and causing serious injury to two others by dangerous driving following the crash in October 2015.

A ‘finding of facts’ trial is taking place at Birmingham Crown Court after Chander was deemed unfit to stand trial on medical grounds.

The jury must decide whether or not he did the acts alleged against him, rather than returning a guilty or not guilty verdict.

The jury yesterday heard the closing speeches in the case and the prosecution said that then 77-year-old’s driving on that day “was due to nobody’s fault but his own”.

Meanwhile, lawyers appointed by the court to represent Chander’s interests stated that Midland Red – Chander’s employers – were equally to blame and the jury should instead pass verdict of careless driving against Chander.

In his closing speech, prosecutor Andrew Thomas said: “It is a shockingly bad state of affairs. Here’s a man who is 77 years old, already 12 years past his retirement.

“As he has got older his driving performance has deteriorated. He knows that and his employers knew that as well.

“In the three years before the accident he had four other crashes that were found to be his fault.”

Mr Thomas said Chander had been “told directly” not to work excessive hours and added: “But in the four weeks before this collision he had, with one exception, worked six days a week and for more than 12 hours every day. The bus embeded in the front of the Sainsbury’s store and, above right, Kailash Chandler “Some time after parked at the bus stop in Hales Street 5pm on this Saturday on October 3, 2015. afternoon, “By doing that the interlock system, more than seven the safety mechanism which would hours in to this latest have prevented pedal placement shift, he was error, was bypassed,” said Mr Thomas. seen and spoken “Then for a driver taking a large to by another vehicle through a city centre to set off driver. putting his foot on the accelerator “Nigel Nicholson when he thinks it is on the brake – this spoke to him in robust is an absolute fundamental error.” terms and told him ‘you Mr Thomas added: “It doesn’t matter look knackered.’ Mr Chander that he didn’t intend to have his agreed with that. foot down on the accelerator.

“Nigel Nicholson told him to phone “It doesn’t matter that then in his the depot and tell controllers to ‘go panic he couldn’t bring the bus back f*** themselves.’” under control.

Chander “knew what his duty was” “The driving was due to nobody’s and knew that he “shouldn’t drive fault but his own. No mechanical when he is tired”, said Mr Thomas, yet defect. It’s his own error.” he didn’t tell controllers he was tired. Mr Thomas said that Chander

“So still he took over the double worked more than 75 hours in two of decker bus and drove it into a city the four weeks prior to the crash, centre and the consequences were which is within EU legal limits. that two people lost their lives,” said But he said doing hours such as that Mr Thomas. may have suited a “younger and fitter

“This wasn’t a minor error. This man” but not somebody of Chander’s was a culmination of a pattern of age, and having being told that being deteriorating driving.” tired affected the standards of his

Mr Thomas said Chander’s actions driving. while behind the wheel of the bus in Mr Thomas told the jury: “It’s totally Hales Street were a “series of errors”. shocking that Midland Red allowed

He states: “The mistake he made is him to do that. But for whatever reason about as fundamental a mistake as management didn’t pick up on it, any driver can make. that’s not your concern.

“Taking a double decker bus “They admitted their responsibility, through a city centre and not knowing but Mr Chander had responsibility as the difference between the brake well.” and the accelerator.” He added: “It doesn’t matter what

The prosecutor said that Chander his motives were. It doesn’t matter if left the bus in ‘drive’ when it was he was continuing to drive for the money, or he didn’t want to let people down.

“It wouldn’t even matter if he had been pressurised to carry on. Although there’s no evidence of that.

“It’s just was it safe to carry on and should he had worried that it was unsafe to do so.”

Robert Smith, speaking for Chander, told the court: “It is not suggested that he could not be found to be responsible for careless or dangerous driving. It’s one or the other.”

During his closing speech, Mr Smith said that “driver fatigue” might explain some or all of what happened on October 3, 2015.

“There was clear evidence he was tired,” he said. “On his own admission to Nigel Nicholson he was tired that day.

“Not surprisingly given his age and the work of the previous four weeks.

“He would also known that he had been working for Midland Red for many years. He would be aware that the industry was regulated by law.

“It is impossible to overlook that he had worked loyally for this employer for many years before retirement and thereafter continued after to give them his best.

“It’s open to you to infer that Mr Chander must have known the hours he was allowed to work in September and on October 3 were within those limits.

“And most significantly of all he would have known that a responsible employer like Midland Red had authorised him to drive despite the criticisms of his driving.”

Mr Smith said he took “serious issue” with the prosecution saying that Midland Red “permitted” Chander to work the long hours he did.

He said this was “disingenuous” and that Midland Red “caused” Chander to work those hours, adding: “Not only did they cause him to do so, but continued on requiring from him, at the age of 77, a daily routine that would have exhausted a much younger man.

“They did so as Mr Chander would never say no. He was a loyal employee who couldn’t say no.”

Mr Smith said that Midland Red “took advantage” of Chander’s “vulnerability” and “overlooked their own decision that he should be used as a last resort”.

Mr Smith said the company simply focused on “getting the buses out” rather than Chander’s ability to work those hours.

Mr Smith told the jury that foot placement is a “known phenomenon” that sees a driver put their foot down on the accelerator when they believe it is the brake, and then - as they believe the brake is broken pump the accelerator instead of the brake, trying to get them to work.

Mr Smith said that PC Andrew Salt, who gave evidence last week, said this was down to a “brain message problem” and can then be made worse by a series of events or incidents taking place in a short amount of time, which can lead to “cognitive overload”.

The jury was told that if Chander had put his foot down hard on the accelerator for the entire time between the bus leaving the stop in Hales Street and striking the Sainsbury’s store then the bus would have been travelling at more than the 20mph it was.

Mr Smith said this is “supportive” of Chander pumping the accelerator pedal, believing it to be the brake.

He added: “There can be no doubt that fatigue is likely to have contributed to the foot pedal placement.”

Mr Smith said that Chander’s working hours began to “creep up” again in 2015 until he was doing more than 50 hours a week.

He said that when Chander was on secondment at the Rugby depot, bosses at Leamington failed to pass on information about a complaint they received about his driving.

He also said that Leamington depot bosses offered Chander to Rugby “all week” despite having their own advice that he should only be used as a “last resort” and no more than three or four days a week.

Mr Smith then said that when he returned from that secondment, Leamington bosses put Chander straight out on a bus again on October 2 and 3, making for seven consecutive days of work and “the risk to the public was obvious”.

It doesn’t matter that in his panic he couldn’t bring the bus back under control. The driving was nobody’s fault but his own. Prosecutor Andrew Thomas

The trial continues