GARY Hart has lodged an appeal against his conviction for causing the deaths of ten people in the Selby train crash.

Hart was convicted at Leeds Crown Court in December of ten counts of causing death by dangerous driving.

The 37-year-old building contractor from Strubby, Lincolnshire, was jailed for five years earlier this month, and also banned from driving for five years.

His appeal was confirmed today by the Criminal Appeals Listing Office in London.

The court heard in December how Hart had fallen asleep at the wheel while driving across England early on February 28, after staying awake all night, phoning his girlfriend and using the Internet.

When he dozed off, his Land Rover and trailer carrying a Renault Savanna car slid off the M62 at Great Heck and onto the East Coast Main Line, straight in the path of the 5.59am York to London GNER train.

The train was derailed and collided seconds later with a Freightliner coal train travelling from Immingham to Ferrybridge power station. Ten people were killed, and many more were seriously injured. The jury heard how Hart had drunk strong coffee repeatedly as he drove, had the driver's window wound fully down and the car radio on.

The judge, Mr Justice Mackay, told Hart that an accident had been almost inevitable because of the way he had chosen to drive without sleep on a long journey with Land Rover and trailer.

Detective Superintendent Peter McKay, of North Yorkshire police, who jointly headed the investigation that brought Hart to justice, called him a "mobile catastrophe waiting to happen."

Superintendent Tony Thompson, who led the Great Heck inquiry for British Transport Police, said today he had not been informed of Hart's appeal, and could not comment.

But survivor Mark Russell, of Monkgate, York said: "I find it unbelievable - I don't know how he has got the nerve. I'm very bitter about it because all the way through he pleaded not guilty.

"He has never shown any remorse."

John Warwick, solicitor for Gary Hart, declined to comment when approached by the Evening Press.

Dozens of compensation claims have been launched by survivors and relatives of those who died in the tragedy.

The claims, which could run into millions of pounds, were first discussed after Hart was found guilty.

The first civil action was launched at Leeds County Court on December 10, by York survivor Gian Spadone. More than a dozen crash survivors and bereaved relatives are in the process of making claims against Hart.

Updated: 16:02 Friday, January 18, 2002