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Coventry supermarket death crash bus company fined £2.3m Coventry supermarket death crash bus firm fined £2.3m
(about 2 hours later)
A bus company that ignored warnings about a driver who crashed into a supermarket, killing two people, has been fined £2.3m. A bus company has been fined £2.3m after ignoring warnings about an "erratic" driver who crashed into a supermarket, killing two people.
Midland Red (South) Ltd admitted health and safety breaches after Kailash Chander, now 80, accelerated into a Sainsbury's in Coventry in 2015. Midland Red (South) Ltd admitted health and safety breaches after Kailash Chander smashed into a Sainsbury's in Coventry in 2015.
Chander, from Leamington Spa, was found to have been driving dangerously at a fact finding trial in September. Mr Chander had been driving dangerously when he mistook the accelerator for the brake, a fact finding trial concluded.
He could not be found guilty as he was deemed mentally unfit to stand trial. The former mayor, now 80, was deemed unfit to stand trial due to dementia.
The bus company, which is part of the Stagecoach group, was sentenced alongside Chander, who was diagnosed with dementia after the crash, at a two-day hearing at Birmingham Crown Court. Midland Red (South) Ltd was sentenced alongside Mr Chander, who received a two-year medical supervision order, after a two-day hearing at Birmingham Crown Court.
Mr Chander had been warned about his "erratic" driving by the company after four crashes in three years, the trial of facts found in September.
The bus company admitted allowing Mr Chander to work more than 70-hours a week and allowing him to continue working despite warnings about his driving.
Judge Paul Farrer said "the failings of the company were a significant cause" of the crash.Judge Paul Farrer said "the failings of the company were a significant cause" of the crash.
Warnings about Chander were "not enforced, and almost immediately ignored," he said. Warnings about Mr Chander were "not enforced, and almost immediately ignored," he said.
Chander was handed a two-year supervision order, meaning he will be monitored by a doctor. Phil Medlicott, managing director of Midland Red (South) Ltd said the company was "deeply sorry" and "bears the weight of our responsibility for this tragedy".
"We deeply regret the opportunities that were missed to act decisively on emerging warning signs," he said.
Seven-year-old Rowan Fitzgerald was riding on the top deck and died of a head injury when the bus crashed on Trinity Street on 3 October 2015.Seven-year-old Rowan Fitzgerald was riding on the top deck and died of a head injury when the bus crashed on Trinity Street on 3 October 2015.
Chander had mistaken the accelerator for the brake.
Rowan's mother, Natasha Wilson, said her son "had a heart of gold - he was our sunshine on hard days".Rowan's mother, Natasha Wilson, said her son "had a heart of gold - he was our sunshine on hard days".
Pedestrian Dora Hancox, 76, died after being struck by the bus and a falling lamppost.Pedestrian Dora Hancox, 76, died after being struck by the bus and a falling lamppost.
Her daughter Katrina said she felt "cheated as I never got to say goodbye to her".Her daughter Katrina said she felt "cheated as I never got to say goodbye to her".
Phil Medlicott, managing director of Midland Red (South) Ltd said the company is "deeply sorry" and "bears the weight of our responsibility for this tragedy". Mr Chander's barrister Robert Smith told the court the former Leamington Spa mayor was "traumatised" by the crash and now required full-time care.
"We deeply regret the opportunities that were missed to act decisively on emerging warning signs," he said.
The bus company admitted failings including allowing Chander to work in excess of 70-hours a week and allowing him to continue working despite warnings about his driving.
A trial of facts in September found Chander had been warned about his "erratic" driving by the company after four crashes in three years.
Chander's barrister Robert Smith told the court the former Leamington Spa mayor was "traumatised" by the crash and now requires full-time care.
An expert told the court he may have been suffering from undiagnosed dementia at the time of the crash.An expert told the court he may have been suffering from undiagnosed dementia at the time of the crash.
The company has "made several key changes", Mr Medlicott said, including stronger controls on working hours and more medical testing for drivers.The company has "made several key changes", Mr Medlicott said, including stronger controls on working hours and more medical testing for drivers.
"We cannot turn back the clock in this case, but we have done everything possible to learn lessons," he claimed. "We cannot turn back the clock in this case, but we have done everything possible to learn lessons," he said.