by Keith Hunt

A trucker has been cleared of causing the death of a motorcyclist after a judge ruled his driving was not dangerous.

Shaun Chalkley admitted careless driving and was fined £750 and banned from the road for 12 months.

The 48-year-old father, of Temple Close, Thamesmead, had denied causing death by dangerous driving.

He was alleged to have turned across the path of Stephen Brindley, 45, as he approached on the B2001 Grain Road, Isle of Grain, on July 21 last year.

Prosecutor Anthony Prosser said: “The simple assertion is that turning a 32-ton lorry across the path of a motorcycle that has right of way is dangerous.”

But Judge Jeremy Gold QC stopped the death by dangerous driving charge from being considered by the jury after hearing expert evidence there was a scientific phenomenon where the brain did not collate the necessary nformation.

“That has to be different from the situation when someone is deliberately driving in a dangerous fashion,” he said.

Maidstone Crown Court heard Mr Brindley, of Pannell Road, Grain, was on the correct side of the road on his Kawasaki when hit by the tipper truck carrying concrete.

Mr Prosser said Chalkley had slowed down to turn right into Nuttalls yard. He later claimed he had been stationary with his front offside wheel just over the centre line of the road.

Mr Prosser said evidence showed the lorry was turning across the oncoming lane at about 5mph.

The motorcycle’s speed on impact was estimated at 21-26mph. Experts found it would have been in view for about 17 seconds.

“There was no reason why both drivers should not be seen by each other,” said the prosecutor. “The motorcycle had right of way. It should have been perfectly visible to Mr Chalkley.”

The judge said he a accepted Chalkley had been deeply traumatised by the part, however unintentional, he played in the death of Mr Brindley.

"I have to sentence you for careless driving,” he said. “My powers are limited in that regard. Nothing I do can adequately reflect the pain felt by those who loved Mr Brindley and, no doubt, deeply feel his loss.

“But equally I cannot leave out of the account that there was a fatality as a result of this driving.”