A van driver who it was said could have been distracted by using his mobile phone hands free when he reversed into an elderly pedestrian has been cleared of blame for his death.

Elliot Rice was alleged to have been driving without due care and attention as he hit James Kilpatrick in Borough Green.

He denied causing death by careless driving and was acquitted on Wednesday by a jury of seven men and five women.

Rice’s family shouted “Yes” when the verdict was returned. Members of the victim’s family then walked out of court.

Simon Sandford, defending, said Mr Rice, 37, was “terribly sorry” for what happened.

Judge Jeremy Carey said: “I entirely understand the reactions expressed by those who are relieved for the defendant and those who are very upset who have heard what they have heard. The jury is not here to appease one side or the other, but to do what is just. Nobody is to be criticised.”

Mr Kilpatrick, an 85-year-old grandfather, of Sevenoaks Road, Ightham, had been to collect a newspaper at a shop in the High Street on the morning of Friday, June 13 last year.

Mr Rice, of Crofton Road, Orpington, was working as an electrician and went into Borough Green to get some lunch, Maidstone Crown Court was told. He was looking for somewhere to park and stopped his Vauxhall Astra van to reverse into a side road.

Prosecutor Rowan Jenkins said Mr Kilpatrick could have been looking at his newspaper as he went to cross the road. Mr Rice did not see Mr Kilpatrick as he reversed into the side road and struck him on the left side.

“At the age of 85 he was still able to do many of the things one hopes people of that age can do. So, it is a tragedy for him and his family that this occurred” - Judge Jeremy Carey

The pensioner lost his balance and fell backwards, hitting his head on the ground. It caused a fracture and led to internal bleeding. He died in hospital 16 days later.

Mr Jenkins said Mr Rice had been in the middle of a phone call to his girlfriend.

“He only ended it after the collision,” said Mr Jenkins. “The reason why it matters is whether he was distracted or not by the call.”

Judge Carey said it was unfortunate that most of Mr Kilpatrick’s family had left court as there was a victim impact statement.

The prosecutor then said the pensioner’s son Ian did not seek to apportion blame or seek revenge. It was a difficult matter, he said, that he did not die immediately but was in intensive care for several days.

“The family very much hoped he would pull through,” said Mr Jenkins.

Mr Kilpatrick's family paid tribute to him in the days after his death. They said the tragedy left a huge hole in the lives of those who knew him.

The judge said Mr Kilpatrick was an extrovert character who had gone out on a summers day to get a newspaper and a bottle of milk.

“At the age of 85 he was still able to do many of the things one hopes people of that age can do. So, it is a tragedy for him and his family that this occurred."

Judge Carey told jurors: “These are very sad cases. We have had to be clinical. Of course, there is the human element.

“Don’t concern yourselves about your verdict. You have done what you regarded as just and appropriate according to directions and according to the law.”