A PENSIONER has been convicted of causing the death of a neighbour after his car crashed into the rear of a lorry outside Southampton.

But a judge says he will not send 83-year-old Arthur Chalmers to jail after criticising the parking of the seven and a half tonne truck.

Jurors heard how Chalmers had been driving 70-year-old Wai May Chan from a Chandlers Ford supermarket to their home in Bassett Green Court, Southampton, when the accident happened.

But as his Honda Civic car crossed the motorway bridge in Winchester Road, Chilworth, the pensioner failed to see the parked lorry, being used to help the driver practice hill starts, on the incline.

Without braking, he crashed into the rear of the other vehicle and his front seat passenger died almost instantly.

Chalmers, who told Southampton Crown Court he had been driving for more than 60 years, claimed he had not seen the lorry because he had been blinded by the low sun.

“I crossed the motorway,” he said. “The sun was directly ahead. I had my visor down. The sun emerged from behind the hill, there were extremes of light and shade.

“It looked like a clear road. It (the lorry) suddenly appeared on my front bumper. It was the first I knew it was there. There was no time to brake."

Jurors took about two and a half hours to convict Chalmers – who of previous good character – of causing death by driving without due care and attention.

Chistopher Wing, defending, submitted the accident was caused by a momentary lack of attention, but Judge Peter Henry disagreed. "I'm not sure about that. Other vehicles were able to see it."

He said the evidence showed Chalmers had 12 seconds visibility but he would take into account when passing sentence the fact the sun was low and it was "a totaly inappropriate place" to park a lorry in those conditions.

He adjourned sentence until next month but told Chalmers: "I have not ruled out the possibility of a custodial sentence but it will not be an immediate one, you can put that out of your mind."

Chalmers had an interim disqualification imposed until the next hearing.