A BUS driver has been cleared of causing the death of an elderly cyclist by careless driving.

Experienced driver James Forsyth Cox was found not guilty of the charge following a unanimous jury verdict, on the second day of his re-trial, at Durham Crown Court.

It follows the original trial jury’s failure to reach a verdict following the first hearing at the court earlier this year.

Mr Cox, of Millfield Court, Blackhill, Consett, who denied the allegation, has had it hanging over him since the tragic accident happened on the morning of November 17, last year.

The 47-year-old driver, who has completed 24 years’ service with Go North East, was at the wheel of a single-deck Diamond service vehicle, on the 16A Durham to Stanley route, shortly after 11am.

He was travelling north-westwards on the B6532 Durham to Sacriston road, when he pulled out to overtake two cyclists ahead, who were heading in the same direction, on electric-powered bikes.

The court heard that as he passed the first of the pair, the leading cyclist, Walter Heighley, suddenly veered right across the path of his bus, as if making a late decision to turn right onto Potterhouse Lane.

It resulted in the bus hitting the bike ridden by Mr Heighley, who was dragged along until the bus came to a halt.

The 81-year-old cyclist, from Durham, was confirmed dead at the scene.

Giving evidence, Mr Cox said he believed Mr Heighley, who did not signal, was intending to carry straight on when he overtook him.

He added that there was little chance to avoid him once the electric bike suddenly veered into his path.

In both his police interview, a few weeks after the incident, and while giving evidence, Mr Cox said there was nothing to suggest the cyclists, either by indication or a look over the shoulder, had intended to turn right at the junction.

Mr Cox told the court the conditions were good, the road ahead was clear, other than for the cyclists, and no vehicles were seeking to pull out of the junction, or heading in the opposite direction, so he felt it was safe to overtake.

Although prosecution counsel Rupert Doswell pointed out that the Highway Code advises against overtaking at junctions, Mr Cox said, that in his professional experience and judgement, he felt it was safe to do so, given that there was no indication either cyclist was intending to turn right.

Earlier the court heard from Mr Heighley’s cycling companion of about a decade, Henry Richardson, who was riding with him on the fateful day.

Mr Richardson said the previously careful Mr Heighley had become less risk averse in preceding months, resulting in a few collisions with other cyclists, and several “near misses” with vehicles on public roads.

He told the court some of those were when Mr Heighley failed to indicate while turning.

Mr Richardson said Mr Heighley would use the expressions “split second timing” or, “precision timing” to explain his actions.

Following the jury verdict, after only a short deliberation, Judge Christopher Prince told Mr Cox he was free to leave the court.