Trial of man accused of falling asleep while driving abandoned because he couldn’t stay awake in court

The trial of a man accused of falling asleep at the wheel and causing a fatal car crash has been abandoned - because he could not stay awake in the dock. Jurors had been sworn in when it was noted accused Adam Docherty was having difficulty staying awake. It was claimed Docherty, who was injured in the crash, had a condition that causes him to drop off when not in one-to-one conversations.

A judge at the High Court in Edinburgh ruled Docherty was not fit to take part in the proceedings against him. Lord Matthews said the case should be deserted but the Crown could bring a new prosecution. Frances Connor, defending, said Docherty, 26, was on medication and awaiting surgery. He was examined by a psychologist. Ms Connor said: “His opinion is that when Mr Docherty appears to lose consciousness he is not in receipt of information.



“He is, in fact, going into a form of sleep. He links this to a brain injury which is exacerbated by the court conditions. He does not anticipate it will improve in the course of a trial and may worsen.” Lord Matthews told jurors: “Some of you may have noticed that Mr Docherty had difficulty staying awake and other investigations are going to be required. The result is that this trial cannot go ahead at the moment.”

Docherty, of Methil, Fife, was accused of causing death by dangerous driving. It was alleged he had driven knowing he hadn’t slept for 22 hours then fell asleep at the wheel on the A92 Glenrothes to Dundee road. It is claimed his car crossed the central hazard warning lines and hit a car heading the opposite way, driven by Kennoway man George Izatt. Mr Izatt, 54, died in the crash and Docherty and passengers were injured. Docherty denied the charges.