Nuclear expert fell asleep at wheel of car and crashed into another vehicle at Loth, court hears

A NUCLEAR power industry expert fell asleep at the wheel of his car while driving south on the A9 through Sutherland, a court has heard.

Kevin Burke, of Leamington Spa, veered onto the wrong side of the road in his hired vehicle and crashed into an oncoming car.

The accident happened at Loth, just south of Helmsdale, at around 6.30pm on Wednesday, November 26, 2014.

The 55-year-old, who had to be cut free form the wreckage of his car, was badly injured as were the two occupants of the other vehicle.

Burke appeared at Tain Sheriff Court today to admit an amended charge of dangerous driving. The charge originally stated that Burke knew he was unfit to drive but it was agreed this should be deleted.

Sheriff Chris Dickson banned him from driving for two years and four months and ordered him to undertake 200 hours’ unpaid work. The sheriff told him he was lucky no one was killed in the accident.

David Morton, prosecuting, told the court that at the time of the collision, it was dark but weather conditions were good and traffic was light.

He said: “The two occupants of the other car, Alexander Sutherland and Kathleen MacDonald, were driving north at the locus when they saw a car veer onto their carriageway and head straight at them.

“Mr Sutherland drove his car onto the near side in an attempt to avoid a collision. But, because of the short distance and time involved, both vehicles collided.

“The cars came to rest against the edge of the road and the ample barriers that are present at that locus.”

The fiscal said Burke had fallen asleep while driving. He had no memory of the crash and could only recall waking up

Mr Morton continued: “It is fair to say that Mr Burke was the more seriously injured of the parties and required to be cut free of his vehicle.

“However, Mr Sutherland suffered general bruising and stiffness consistent with any form of collision. Miss MacDonald suffered a broken left collar bone as well as stiffness, bruising and difficulties with her thumb.

“Parties were taken either to Raigmore Hospital or Caithness General Hospital where they received treatment.”

Defence agent James Kelly said his client was a project manager with Oxfordshire based company, A N Technology (Antech) Ltd.

The company designed and manufactured equipment to measure levels of plutonium prior to its removal from site and Burke had a specialist role in the de-commissioning of nuclear processing plants.

During the past five years, he had worked at the atomic weapons establishment at Aldermaster, and the nuclear weapons design centre, Los Alamos, in New Mexico, as well as at Dounreay and a nuclear plant in the Ukraine.

The lawyer said: “His involvement at Dounreay was as a project manager in respect of decommissioning plutonium. The project started in June 2012 and still continues.”

Mr Kelly told the court that his client drove up to 25,000 miles a year in the course of his work. Until the accident last year, he had an unblemished, 37-year driving record.

On the day in question, Burke was travelling back from Dounreay to Inverness airport to fly to England. He had been in Caithness for a couple of days.

The lawyer said Burke appeared to have experienced an extremely sudden onset of fatigue of which he had no prior warning and no previous history.

The injuries he suffered as a result of the crash included a number of fractures and damage to his lungs and vertebrae. He spent 2015 in and out of hospital, undergoing a number of operations for problems arising from the accident.

Mr Burke also subjected himself to a battery of neurological testing in a bid to find out why he had fallen asleep so unexpectedly. But no underlying condition was found.

Defence agent Mr Kelly asked Sheriff Dickson to take account of Mr Burke’s previously spotless driving record; the injuries he had suffered and the regret he had expressed.

Passing sentence Sheriff Dickson told Burke: “Obviously you are now aware that tiredness in driving can cause fatal accidents and you are perhaps fortunate here that no one was killed.

“Fortunately for you, Mr Sutherland took what evasive action he could and that resulted in his and Miss MacDonald’s injuries being less than might otherwise have been.”

Burke was told he would have to complete 200 hours unpaid work within a year and pass the extended driving test before being allowed back on the road.

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