A pensioner who seriously injured an 89-year-old man on a zebra crossing wept after hearing he would not stand trial.

Charges against George Brooker were thrown out as magistrates heard he was not well enough to take part or understand the proceedings.

The 88-year-old has dementia, is very hard of hearing and had fallen asleep while his solicitor was talking to him on Monday.

Mr Brooker was appearing at Maidstone Magistrates’ Court for the eighth time to stand trial for causing serious injury through dangerous driving, only for the prosecution to drop the charges at the last minute.

He was charged with the offence after hitting Gilbert Roots as he pulled his shopping trolley over the crossing in Loose Road, Maidstone, more than two years ago.

The court heard Mr Brooker subsequently had his driving licence revoked and was diagnosed with dementia after the incident.

Eve George, defending, said he cannot recall the event and therefore is unable to say what his defence was.

Mr Brooker, of Cornwallis Avenue, Linton, sat at the back of the court alongside his daughter, Elaine Croucher, who explained the proceedings to him.

At his last appearance two months ago magistrates heard a statement from Dr Oladapo Babatola, a specialist in old age and psychiatry, who concluded Mr Brooker was not fit to attend court due to his illness. Despite this the Crown Prosecution Service (CPS) pursued a conviction.

But this week Paul Roach, prosecuting, said the CPS was dropping the charges, “primarily because of the way Mr Brooker is presenting in court today and his difficulty giving instructions to his representative”.

He added: “While there is sufficient evidence and the Crown have a victim and a witness we cannot say it will be in the public interest to pursue a conviction.

“He is unable to take part in these proceedings and is unable to hear. We therefore formally offer no evidence.”

Chairman of the bench Gillian Fryzer said: “Having read the medical report it’s clear to the bench this should not have come as far as the court today.”

After the hearing Gilbert Roots’ son Frank said: “Both he and we as a family are disappointed with the way the case was handled.”