by Keyan Milanian

A bus driver accused of murder after a collision in Rochester has had the charge against him dropped.

Christopher Eggleton, 45, of, Dale Street, Chatham, had been accused of the murder of 30-year-old pedestrian Martin Barlow, after he was struck by an Arriva bus on Friday, April 3.

On Friday, a judge upheld his counsel’s application for dismissal of the murder charge saying it would be extremely difficult for a jury to decide whether there was intention involved.

An alternative charge of manslaughter was accepted by Eggleton's defence team, to which Eggleton pleaded not guilty.

Because of Justice Bean’s involvement in another case, the application hearing was held at Cambridge Crown Court rather than in Maidstone.

After being shown CCTV images from the bus by prosecution, Oliver Saxby Judge Bean said that he was not convinced a jury would be able to decide whether Mr Eggleton had formed the intention to kill Mr Barlow within the three seconds between him last being seen alive and disappearing from sight.

He said: "It is well known in cases of murder that intention to kill can be formed in a very short time. I do not see that it would be proper for a jury to come to have to come to that conclusion."

Sally O’Neill, defending, said it was "primarily a case of manslaughter rather than murder".

Judge Bean went on to say: "Therefore I consider that Miss O’Neill’s application is well founded and that the defendant’s charge for murder can be dismissed."

His case is due to be heard at Maidstone Crown Court on February 23.

He has been released on conditional bail. Miss O’Neill did not seek to amend conditions of his bail set earlier in the year.