'Eileen wouldn't want him jailed' - Family of Darlington woman killed in bus crash speak out after driver pleads guilty

The revelation came on the third day of Michael Gilbert's trial when the prosecution offered no evidence on charges of causing death by dangerous driving and causing serious injury by dangerous driving.

DRIVER: Michael Gilbert

Instead, Gilbert pleaded guilty to the lesser charges of causing death by careless driving and careless driving, and will be sentenced next month.

Victim statements from the family of Eileen Brennan, 85 – who died in the tragedy in Northgate, Darlington, in July 2016 – and two people hurt, will be prepared for the next hearing.

Prosecutor Simon Reevell said he had spoken to Mrs Brennan's daughter in court, as well as Trudy Bowe, who "miraculously" escaped relatively unharmed, and her daughter, Tracy Naisbitt, who was crushed by the Arriva single-decker.

Mrs Naisbitt needed a skin graft to her foot and had a little toe amputated after the crash.

The development in the trial came after investigations showed how having a bus in gear but with the handbrake on while waiting at a stand was common practice.

The prosecution had alleged that Gilbert had taken a safety "shortcut" and "ignored" his training, but a witness revealed that the practice of not putting a vehicle in neutral would not be classed as a fail on a test.

Judge Howard Crowson directed the jury to find the 53-year-old driver guilty of the lesser offences – which do not usually result in a jail sentence – on his own admission.

He explained to the panel of eight men and four women that the barristers in the case had analysed the evidence and reacted to "what is right".

Mr Reevell said Mrs Brennan's family will decide later if they will attend the sentencing hearing on April 17, and added: "Their principal concern was really the admission of culpability that they have just heard.

"Mrs Brennan's daughter asked me to express what she believed would be the sentiment of her mother, that she would not wish to see this defendant incarcerated despite the consequences to the family.

"They simply wanted this defendant to accept he was culpable, and they are relieved he has finally done that."

Gilbert, of New Row, Middleton St George, near Darlington, was banned from driving, but the length of the disqualification will be set next month.

Earlier in the case, the jury was told that he stepped on the accelerator instead of the brake and careered across the busy street into the shoppers and the front of the Halifax bank.

Mr Reevell said as part of his training, Mr Gilbert had been taught to put the bus into neutral whenever he stopped, which would prevent it from surging forward in the way it did.

Under cross-examination from defence barrister Rod Hunt, an instructor for Arriva said having a bus in "drive" instead of neutral at a stand would not be a fail on a test for a public service vehicle licence.

The instructor said it would result in a fault, and any would-be driver would fail after four faults.

He told the jury that Arriva had a more stringent test and taught drivers to put their vehicles in neutral with the handbrake on while waiting at a stop, adding: "We would like to think we teach to a much higher standard for safety."

Judge Crowson told the jury that the consequences of keeping a vehicle in "drive" and using the foot brake had only been highlighted by this evidence, and the policy was common practice among drivers.

"This might have been dangerous driving if there had been in place a system to prevent this type of tragedy and Mr Gilbert ignored it," the judge said.

"A risk was being run that only this tragedy, it seems to me, has revealed.

"It is impossible that a man would be driving dangerously if he was adopting a policy which was widespread amongst his colleagues."

After the hearing Nick Knox, area managing director of Arriva North East, said: “We can confirm that Mr Gilbert is no longer employed by the business.”