A TRUCKER driving a York brass band during the 1999 Lord Mayor's Parade was not at fault when tuba player Roy Gill fell off, a court heard.

Parade marshal Dean McMullen, who witnessed the accident, told Leeds High Court he could "make no criticism" of James Gill's driving moments before the bandsman fell, suffering injuries that left him paralysed.

Mr McMullen, of Mains Lane, Seaton Ross, the former owner of an HGV, also said Roy Gill and two other brass players were standing before the accident.

A witness for the claimant had previously told the court he was seated before falling over the side of the Volvo truck.

Roy Gill, 66, of Knavesmire Crescent, York, was playing in the York Railway Institute Golden Rail Band during the annual parade on June 27, 1999.

He fell off the band's wagon onto his forehead after it allegedly "jerked" while reversing at York's Knavesmire.

He injured his spinal cord and had to spend months in hospital.

Mr Gill, who still plays with the band despite his injuries, is making a claim against the wagon driver, James Gill and his employers, Dunnington-based, House of James Transport.

He is also making claims against two members of the York Junior Chamber (of commerce) (YJC), which made arrangements for the parade; Malcolm Smurthwaite, secretary of the Railway Institute band, who was responsible for band bookings; and The Ecclesiastical Insurance Company.

Mr McMullen told the court there was nothing unusual about the way the truck stopped "abruptly" while reversing. He said: "I observed Mr Gill and two other members standing up while the brakes were applied.

"The vehicle stopped abruptly and I saw contact made between the three men standing.

"Mr Gill then pitched over the side of the vehicle."

Mr McMullen said he did not see "precisely" how Mr Gill fell.

Truck driver Mr Gill, 66, in a statement read out by his barrister, Anthony Goldstaub QC, said he could not see the band in his rear view mirror when reversing before the accident.

"I didn't brake particularly strongly or cause the vehicle to jolt," his statement said.

"Someone attracted my attention and I got out of the truck and saw Mr Gill lying in the side of the road.

"He was bleeding from his right temple."

The hearing continues.

Updated: 11:27 Wednesday, January 30, 2002