Hero driver cleared over fog pile-up
Published: 00:00, 20 November 2003
Updated: 08:54, 20 November 2003
A CRANE driver labelled a hero by motorists he swerved to avoid in a pile-up is bitter after a charge brought against him proved groundless (Jo Roberts writes).
The charge of careless driving against Kevin Rix was withdrawn when the Crown Prosecution Service offered no evidence.
The 43-year-old was hailed a hero by motorists involved in a 50-car pile-up in thick fog on the A2 near Brenley Corner, Faversham, in March.
Mr Rix, who has since changed jobs, said after the court hearing he would not drive for a living again. He said: "I'm totally disillusioned with the whole thing. If they think what I did a wrong, I'd hate to have done a right. I couldn't have lived with myself if I'd run into them.
"In the back of my mind I knew the police wanted to make an example of me and I didn't know why."
The crane hire driver steered the 28-tonne truck onto the verge when he saw a pile-up of cars ahead of him to prevent others hitting the back of his vehicle.
Fourteen people were injured. Some motorists visited Mr Rix's employers Millennium Lifting Ltd to thank him. Others sent cards.
At the time Ch Insp John Frayne praised him for taking evasive action. But three months later a police officer called to see him.
"When he started cautioning me it was a great shock," said the father-of-three, of Temple Ewell. "In that situation I had to think of how to get out of the way. The solicitor had letters from people saying if it hadn't been for the crane moving they could have been dead.
"It's been a horrible time for my family, a nightmare. I'm angry about it but what can you do."
Mr Rix's former boss Andy Campbell, who was on the scene shortly after the accident, said: "Kevin did a good job.
"A doctor who'd been trapped said when he saw the crane through the fog he said a prayer and expected the worst, and couldn't believe his relief when it went off up the bank."
Mike Mahoney, of Junction Five Recovery, was working to free vehicles on the day of the pile-up.
He said: "If he'd not gone off the road, a lot of people would be dead. I think he's a hero. Everyone at the scene thought he was."
Spokeswoman for the Crown Prosecution Service Victoria McEwan-Cargill said: "The CPS were not consulted by the police prior to the decision to prosecute Mr Rix for careless driving.
"The case was reviewed by a senior crown prosecutor and the evidence to support the careless driving was found to be insufficient. Following consultation with the police, the charge was dropped.
"The police and CPS are now working together much more closely in order to ensure only those cases where there is sufficient evidence are prosecuted."
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