A MAN jailed for four years after he was convicted of causing death by dangerous driving, failed to have his conviction overturned and his sentence reduced last Friday.

The Court of Appeal did not allow the application on behalf of Ian John Ash, 32, of Lunt Road, Bootle.

Mr Justice Laws said that although he had taken into consideration the extensive mitigating factors, including Mr Ash's impeccable driving record and good character, the sentence was not manifestly excessive.

Mr Donal McGuire, for Ash, said that one of the basis which the prosecution had put its case was not borne out by the evidence at the trial at Warrington Crown Court last year.

He said that the prosecution had claimed Mr Ash had been driving too fast on the Widnes to Runcorn road on the night of October 11 1996.

This was not confirmed by witnesses who said in their view Mr Ash was not driving too fast even if he was exceeding the 40 mph speed limit.

Mr McGuire also questioned the use of evidence which showed Mr Ash was one and a half times above the legal drink drive limit.

He called into question the putting of this evidence in front of the jury when it had not been possible to gain two blood samples from Mr Ash who was in hospital with serious injuries as a result of the accident.

He did accept that his client had crossed the dividing central line in the four-lane carriageway although Mr Ash has no memory of the journey prior to the incident.

Mr McGuire argued that the sentence should be reduced on the basis that it was excessive and the sentencing judge had not given sufficient regard to extensive mitigation. This included the fact that he was a man of "impeccable character".

Mr McGuire hastened to point out that the judge had emphasised his client's positive character and the fact he had raised thousands of pounds for local charities. However, this was not reflected in the sentence imposed.

In the accident which occurred on October 11 1996, a minibus driver, Colin Green received serious injuries from which he died shortly after.

Mr Ash also sustained extensive injuries in the collision which occurred when his Rover motor car crossed the central dividing line between the four-lane carriageway and hit a roadsweeper lorry which in turn collided with the minibus.

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