A judge has quashed a coroner's verdict that a Frenchman crushed under the wheels of a rubbish truck died accidentally.

Stephan Anieto, 28, was run over by a 7.5 tonne Sita lorry heading the wrong way down East Street, Brighton, in July 2001.

Brighton and Hove coroner Veronica Hamilton-Deeley ruled the collision was an accident.

But at the High Court yesterday, Lord Justice Dyson over-turned the decision and ordered a fresh inquest with a jury.

Mr Anieto's family, who travelled from Toulouse in France for the hearing, were delighted with the decision, having fought hard for the judicial review.

Karim Mehadhebi, 37, the brother of Mr Anieto's sister Sandrine, said: "We are very happy.

"It is a matter of questioning the new evidence we have found.

"We want the decision to be based on these new pieces of evidence instead of mystery.

"We had been gathering many things and presented these to the coroner but they were not accepted at all.

"We had to go as far as the judicial review to get an answer."

The court heard how the new inquest could rule that Mr Anieto was unlawfully killed. This could lead to grounds for a compensation claim.

Mr Anieto had been drinking with friends when he died under the back wheel of the Leyland Daf refuse truck.

At the initial inquest, the coroner said: "I conclude he died as a result of an accident. Why that is I cannot say. I believe if he had not been intoxicated it would not have happened."

But the Lord Justice Dyson said Mrs Hamilton-Deeley "erred" in not calling a jury.

He said: "It is wrong for us to say no jury, reasonably directed, could reach a different verdict in this case."

Lord Justice Dyson, who sat in court with Mr Justice Gibbs, also criticised the health and safety executive for its delay in investigating the incident.

He said: "It is baffling to us to say the least, that it has taken so long."

Earlier, the Anieto's counsel Martin Soorjoo said there was new evidence revealing the Sita truck was being driven at between 11.5 and 16mph. The initial inquest heard it was travelling at 4mph.

But Alison Hewitt, representing the coroner, said: "A different verdict is not apparent on the evidence in any event, whether or not a jury is called."

However, the judge ruled a new inquest should take place and awarded the costs of the judicial review to be paid to the Anieto family.

Karim, Sandrine and her parents Josiane and Jean-Claude were today planning to visit the spot where Stephan, a kitchen porter at Brighton College, died.