by Julia Roberts and Keith Hunt

A trucker who tried to help save the life of a car driver was arrested for contempt of court after failing to give evidence at the trial of a man accused of causing death by dangerous driving.

But a judge threw out the case against Byron Dare, deciding he should be praised for his bravery and not prosecuted.

Mr Dare was arrested as he stepped off a plane from a holiday in Tenerife on Sunday and was held in a cell overnight.

Maidstone Crown Court heard the next day that the fatal smash in July 2009 which killed a father-of-three had a “profound and disturbing effect” on Mr Dare.

He did not witness the crash on the M2 motorway between Chatham and Gillingham but helped put out the fire in James Molloy’s VW Polo and helped to drag him from the wreckage.

Despite those efforts, Mr Molloy, 58, died at the scene.

Judge Philip St John-Stevens said of the case summary: “It states that a number of brave members of the public tried to help Mr Molloy out of the vehicle.

“You were one of those brave members of the public and you should be commended for that. I can only begin to understand the effect that has had on you.

Jim Molloy left behind wife Maureen, three daughters Christine, Catherine and Alex and two grandsons, Noah and William

“Normally when witnesses fail to attend judges have the power to deal with it as contempt. This, however, is a wholly exceptional set of circumstances.”

The Crown Prosecution Service was not represented during the hearing.

Philip Sinclair, defending, said a summons was issued when Mr Dare did not attend the trial of Edward Parker, 52, in December last year.

Parker, from Kings Hill, Maidstone, was jailed for seven years after being convicted of causing the death of Mr Molloy by dangerous driving.

Another driver, retired businessman David Steele, then 55, of Dane Close, Hartlip, admitted the same charge and he was jailed for four years.

During Parker’s trial, the jury heard the two men appeared to be racing each other. Parker was driving a Vauxhall VXR8 and Steele in a Jaguar.

Parker ploughed into the back of Mr Molloy’s Polo, causing it to lose control and hit a lorry before striking the central reservation barrier and bursting into flames.