A lorry driver convicted of killing a Colchester motorist will have to appeal a second time following the death of a judge who heard his case.
Victor Coates was convicted of killing Lee Fitt. His boss, Martin Graves, was convicted of Mr Fitt's manslaughter in 2002.
Both had hoped to get their convictions overturned because the original trial took too long, lasting seven months. Now, they will have to wait even longer.
After reserving his decision on the appeals, Lord Justice Kay, who heard the cases with Mr Justice Wakerley and Mr Justice Roderick Evans, died before he could deliver it.
Lawyers say the appeal will now have to be declared "null and void" and be started all over again.
Coates, 58, of Maidstone Road, Felixstowe, Suffolk, was convicted of causing 24-year-old Mr Fitt's death by dangerous driving at Basildon Crown Court. He was jailed for four years in April 2002.
Graves, 41, of Eastland Court, Frimley St Mary, Felixstowe, was convicted of manslaughter over the December 1999 crash on the A12 at Marks Tey.
Both appealed their convictions on Human Rights grounds after an "inordinately and unnecessarily long" trial
Published Monday July 19, 2004
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