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.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.Driving data was said to have showed his speed had been erratic and on two occasions it had dropped to as low as 11mph.Oliver Saxby QC, prosecuting, said Wagstaff was on auto-pilot and had completely failed to notice what was ahead of him The prosecutor told the jury that Maseriak's lorry had been parked on the slow lane for 12 minutes.Wagstaff was on a hands-free call and driving on cruise control when he ploughed into the back of Cyriac Joseph's boxed-in minibus, Reading Crown Court heard.Masierak allegedly stopped for 12 minutes in the slow lane in the early hours of August 26 last year, despite there being miles of hard shoulder available.
A tachograph revealed Wagstaff made no attempt to brake or decelerate.The first police officer on the scene then found two empty cans of cider in the Masierak's cab.A motorist who flashed his lights to alert Masierak told police later that there was something not right about him, the court was told.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.'It was almost as if nothing had happened and he had been dreaming', Mr Ilias told the police in his statement.'Paramedics and police arrived at the scene and spoke to Maseriak, who by this time had got out of his cab and was standing in front of the lorry.This was Masierak.'As to where he went immediately after, the answer is the wrong way down the M69 slip road, where he nearly collided with a car being driven by another witness from whom you will be hearing, Ben Murphy.'The jury was told that Mr Murphy said in a statement to police: 'It was as though the driver was totally unaware he was travelling the wrong way.'The prosecutor told the jury that taxi driver Ali Ilias and his two passengers were some of the first to arrive at the scene of carnage on the M1.The three of them got out of the taxi to help, only to be confronted with a catastrophic scene.'It was quickly obvious to Mr Ilias, both that there were fatalities and that there were occupants alive but in need of urgent medical attention,' said Mr Saxby.Masierak - who is accused of being twice the drink drive limit - had allegedly driven his lorry the wrong way around a roundabout and nearly collided with two other cars just hours before the crash.The first person on scene was a taxi driver who allegedly saw Masierak sat in darkness in the seat between driver and passenger seats.Presumably because he was not concentrating.'Mr Joseph and seven of his Indian passengers were killed on the M1 southbound as they travelled to London from Nottingham.The eight victims of the Bank Holiday horror crash were on their way to Disneyland Paris when the minibus was crushed.