The case against a transport manager accused of the manslaughter of six people killed when a lorry careered out of control down a hill seems set to collapse.

The judge, Mr Justice Hooper, told the jury at Newcastle Crown Court yesterday - the tenth day of the trial - that, having heard the prosecution evidence, he had now decided that the case against Eric Preston was not strong enough to continue.

The judge, who made his comments after legal argument in the absence of the jury, told jurors he could not be sure of Preston having a fair trial.

His concerns, Mr Justice Hooper said, included the fact that the original investigator of the accident could not be in court, and that vehicle parts had not been retained.

He was also concerned about the evidence as to the braking assembly and the length of time that had elapsed since the accident.

The judge said the trial would end today, when he would give his reasons.

Preston, 46 - the former transport manager of Fewston Transport, of Skipton - has denied six charges of manslaughter. The charges follow an accident at Sowerby Bridge, near Halifax, in September 1993.

The accident happened when a ten-tonne lorry carrying a 20-tonne load of gravel ran out of control down a steep hill, rammed into a BT van, then smashed into a shop and wall.

The lorry driver, 63-year-old Derek Waterworth, of Silverhill Road, Bradford, died in the accident, as did BT van driver Peter Stott, 42, from Luddenden Foot, Halifax.

The other victims were Anne Crossley, 32, from Clifton Street, Sowerby Bridge, and her two-year-old daughter Karen. Angela Rooke, 38, from Park Road, Sowerby Bridge, and Beryl Rose, 49, of West Parade, Sowerby Bridge, also died after the accident.

The prosecution has alleged that Preston's gross negligence resulted in the deaths.

Mr Paul Worsley QC, prosecuting, had told the court that the brakes on all four of the vehicle's axles were defective.

Mr Worsley had said the brake drums and shoes on the front axle of the lorry were excessively worn on both the off and near sides.

Rust discolouration on the drums indicated that there had been little recent contact between brake and drum on the second axle.

One brake lining was worn down to the rivets and a cam was also defective.

The prosecution claimed that this had the effect that no braking was possible from that assembly.

The brakes on the third and fourth axles were also defective, Mr Worsley had said.

The judge adjourned the trial until this afternoon.

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