A SLEEP-deprived trucker had been looking at porn on his phone shortly before dozing off and causing a fatal crash on a busy North-East dual carriageway, it emerged yesterday.
John Kirk veered off the A19 near the Mandale turn-off and ploughed into two other drivers who were exchanging details at the side of the road after an early-morning bump.
Lorry driver Andrew Nimmo, from County Durham, and pianist Lada Khazanovych had pulled into a lay-by and were standing between their vehicles when Kirk crashed into the back of Ms Khazanovych's Ford Focus, shunting it forward and crushing the victims.
Twenty-four year old Mr Nimmo was killed instantly, while Ms Khazanovych, 38, who lived in Darlington, suffered from serious leg injuries.
Prosecutor Shaun Dodds told Teesside Crown Court that Kirk, who had two previous convictions for using a mobile phone while driving, had slept for as little as four hours in the 31 hours prior to the accident.
Matthew Gent, defending, said it was more like six hours, but admitted the amount was below the legal requirement.
Kirk had altered his tachograph so he could flout rules about breaks and minimum weekly rest periods.
Mobile phone records showed that had made a 40-minute phone call, despite not having a hands-free kit.
He also accessed pornographic web sites twice on the journey via his mobile.
Another trucker had spotted Kirk's erratic driving in the build-up to the collision, and was concerned about him tailgating 6ft behind his vehicle for up to a minute.
Police experts said Kirk should have been able to see the vehicles on the hard shoulder from more than 400m away, giving him a reaction time of around 15 seconds as he was driving at 52mph. But tyre marks on the road showed he reacted just a few seconds before impact.
Kirk, who was travelling just above the 50mph speed limit, told police officers at the scene that he was “nodding”.
“I just came on top of them. I swerved and the next thing I knew it was the collision,” he said.
He admitted causing death by dangerous driving, causing serious injury by dangerous driving and lying about his rest days in the fortnight before the crash.
The 26-year-old, from Boston, Lincolnshire, was told by Mrs Justice Simler that the accident on August 6 last year had "brought about a tragedy".
She added: “I am sure that none of these consequences were ever your intention but the accident was, in my judgment, the overwhelmingly likely consequence.
"You are a hard-working and caring man. I accept that you feel remorse and have shared in the tragedy brought about by your own actions.
"You will have to deal with that for the remaining years of your life.
"It is clear your personal life has been destroyed, that you are now taking medication and that you are haunted by what you did."
She jailed him for five years and banned him from driving for the same period.
In mitigation Mr Gent said: "Kirk is desperately sorry for what happened and wants to receive a prison sentence to in some way make amends for his stupidity."
Mr Nimmo, 24, a keen Sunderland supporter from Murton, near Seaham, was due to marry his fiancé and partner of two years, Janinne Lesley, this August.
His mother, Gail, said: “John Kirk's total disregard for drivers’ hours rules and regulations have robbed our family and Janinne and her family of a wonderful and settled life with our beloved son and Janinne’s fiancé, Andrew.
“Andrew was very popular and loved by all of his family and his many friends. He looked after everyone, was a peacemaker and a gentleman.
“Whatever sentence Kirk receives, for us a lifetime of grief is ahead, for we will never get over the loss of our beautiful and precious son.”
His fiancé added: “My life instantly changed because I died with him that day.”
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