Addressing jurors, Mr Saxby said the crash was 'caused by the dangerous driving of these two defendants'.'In Mr Masierak's case, under the influence of alcohol, parking up in the slow lane of the M1, an act as flagrant as it was dangerous. 'And in Mr Wagstaff's case, on a hands-free call, his lorry on cruise control and he on auto-pilot, completely failing to notice what was ahead of him in full view for some time, inattention on a gross scale.' Mr Saxby added: 'David Wagstaff simply did not see the minibus, he was not paying attention.We are talking 'driver error' as opposed to anything to do with the lorry itself.'The minibus had its hazard lights on and, as we will see, the upper trailer lights on the back of the Scania (first lorry) were also illuminated.'Yet David Wagstaff did not see the minibus.Mr Maseriak declined, adding that he had been asleep - or words to that effect.'Mr Ilias could smell alcohol on Mr Maseriak and thought he was drunk.
They appeared to be stationary and I ploughed into the back of them without touching the brakes at all'.'Vivek Baskaran (left), 26, from Avaiyambalpuram, Mayiladuthurai, a town in the Tamil Nadu district of Southern India, also died in the crash along with the minibus driver Cyriac Joseph (right), 52, the owner of Nottingham-based ABC Travels The jury was told how Wagstaff reacted when formally arrested and taken to hospital for his minor injuries, including a broken toe, damage to his knees and bruising to his ribs.
The roundabout is a substantial one, controlled by traffic lights.
When the lights went green, he proceeded onto the roundabout.'As he did so, he saw an AIM lorry travelling towards him going the wrong way round the roundabout.
Mr Saxby said: 'At the hospital he (Mr Wagstaff) was always in the presence of a police officer - to whom he made these remarks: 'I know I'm going to prison. I was on the phone to my mate at the time, I was on Bluetooth.
My phone was in a cradle but I know I'm buggered'.' A police investigation into the collision found Maseriak was driving erratically before stopping his lorry in the slow lane of the M1 with the lights on, the court heard.