GARY Hart, the driver who caused the Selby rail crash, has been denied a chance to appeal.
Mr Justice Mackay, the judge at Hart's Leeds Crown Court trial, made the decision after looking at the case again on June 13.
But Hart can still turn to three Court of Appeal Judges, in London, in an effort to have his case heard again.
A jury decided that Hart fell asleep at the wheel early on the morning of February 28, 2001 and convicted him of causing death by dangerous driving.
His Land Rover and trailer careered down an embankment and on to the East Coast Main Line. There it was hit by a GNER express train which then ploughed into a freight train near the village of Great Heck.
Ten men died and more than 70 were injured in the rail disaster. Hart received a five-year jail sentence.
Updated: 11:35 Thursday, June 20, 2002
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