A DUMPER truck driver who collided with an elderly woman pedestrian in Southport town centre has been cleared of causing her death by dangerous driving.

Jamie Lee Jones, 27, was found not guilty on the judge's directions after his barrister Arthur Gibson successfully argued there was no case to answer.

Jones then pleaded guilty to careless driving and was fined £600 and banned from driving for 12 months.

During his three-day trial, a Liverpool Crown Court jury heard that the tragedy involving 76-year-old Joan Browley happened in Tulketh Street on December 6 last year while Jones was driving the dumper truck laden with pallets and rubbish.

He was employed by a landscaping firm which had been sub-contracted by a firm, in turn sub-contracted by Bethells, who were employed by Sefton council to pedestrianise the area.

The court heard from Bethells’ site manager, Kevin Earle, that there had been discussions with the council about guidance from the Health and Safety Executive that barriers should be in place to keep members of the public away from the works vehicles.

But the council had been anxious that the traders should not lose business in the run-up to Christmas, and consequently pedestrians were allowed to walk through the same area, he explained.

Mr Jones had driven about 10ft with a banksman, otherwise known as a lookout, in front of the vehicle because the dumper truck has an inherent blind spot, when he struck Mrs Browley and her husband, Frederick.

The elderly couple were both knocked to the ground by the truck, which had a flashing amber light on the top.

Mr Browley suffered head and leg injuries but his wife suffered serious internal injuries and died later that night in hospital, said Lesley Carter, prosecuting.

Jones, of Highley, Bridgnorth, Shropshire, was prosecuted for causing death by dangerous driving on the grounds his vehicle had restricted visibility and he did not have a banksman.

But the jury heard that, in fact, he did have a banksman, Anthony Griffiths, though he, too, did not see the couple, who had walked in front of the truck, in time.

Arthur Gibson, defending, said that Jones, who frequently wept throughout the hearing, had been devastated by the tragedy and is still receiving counselling.

As soon as his look-out shouted to stop, he did so but it was too late, he said.