Truck death crash driver cleared

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A lorry driver accused of causing his girlfriend's death in a crash by falling asleep has been cleared.

A jury found Philip Scott, 22, of Elgin, not guilty after evidence of a medical condition, cataplexy, brought on by excessive laughter.

The Crown had alleged at the High Court in Edinburgh that Mr Scott dozed off after an all night drive without proper rest breaks or refreshments.

Kay Ralph, 20, died in the accident in the Borders in June 2005.

I had never been so happy. My next recollection is the scene after the accident Philip Scott

Mechanic Mr Scott denied causing death by dangerous driving.

His girlfriend died after being trapped in the cab of his recovery lorry which left the road and crashed into a trailer parked in a lay-by.

The court heard medical evidence from consultant neuro-psychiatrist Dr Peter Fenwick about a complex series of interviews and tests he carried out.

Dr Fenwick said Mr Scott suffered from cataplexy which caused him to lose control of his muscles and that, said the doctor, could have been the cause of the accident.

Cataplexy is often associated with sleeping disorder narcolepsy.

Muscle control

The trial heard that the couple's laughing and joking minutes before the crash may have triggered Scott's cataplexy.

Mr Scott said they had been chatting about buying a dog, having children and making plans for a future together.

"I had never been so happy as in that few days," he told the court. "My next recollection is the scene after the accident occurred."

The jury heard how Mr Scott, during interviews preparing for the trial, told Dr Fenwick that when he laughed his legs "turned to jelly" and he had to sit down.

The doctor said: "If Philip had a cataplectic attack in these circumstances he would lose control of his arms and, in particular, he would lose control of his legs and wouldn't be able to brake."

The trial also heard Mr Scott had drunk the high-caffeine drink Red Bull as well as coffee during the journey.