A trucker and his boss, found guilty of causing the death of a Colchester motorist in 1999, must again wait to find out if their convictions will be overturned because delays made their trial unfair.

Victor Coates, 58, of Maidstone Road, Felixstowe, was found guilty at Basildon Crown Court in April last year of causing death by dangerous driving in December, 1999.

His boss, Martin Graves, 41, of Eastland Court, Trimley St Mary, the owner of MJ Graves Haulage, was convicted of manslaughter. Both men were jailed for four years. Lee Fitt, 24, of Colchester, died in the crash on the A12 at Marks Tey.

Coates and Graves launched appeals in April this year, claiming the length of their seven-month trial amounted to a violation of Article Six of the European Convention of Human Rights the right to a fair trial.

But further delay was caused when the judge who was to rule on the appeal, Lord Justice Kay, died before giving his judgement. The judges will now give their decision at a later date.

Published Friday, October 8, 2004

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