A driver has been cleared of causing the death of a motorcyclist after the prosecution offered no further evidence on the second day of his trial.

Simon Villiers was about to cross the road to park at his home in Queenborough when his car was in collision with the motorbike being ridden by Harry Higgins in the opposite direction.

Maidstone Crown Court heard Mr Higgins, a 31-year-old father, had taken drugs, he was speeding and his Honda NES was in a poor condition.

Prosecutor Hugh French told the jury it only had to be proved that Mr Villiers’ driving was a cause of the death.

But after reviewing the case again the case was halted and Judge Julian Smith entered a not guilty verdict to causing death by careless driving.

“Tragically, in carrying out that manoeuvre he didn’t see the motorbike being driven by Mr Higgins. He collided with his car and he died at the scene” - Prosecutor Hugh French

Mr Villiers, 49, was near Borough Hall in Main Road on the morning of Saturday January 25 last year about to move to the opposite side and reverse his Honda CR-V into his drive.

“Unfortunately, he found himself behind a single decker bus,” said Mr French. “The effect of that was to cut off his view of the road ahead, which curves slightly to the left.

“He moved towards the middle of the road in order to try to see around the bus. He then manoeuvred his car into the opposite carriageway without taking proper care and in doing so took an unnecessary risk.

“Tragically, in carrying out that manoeuvre he didn’t see the motorbike being driven by Mr Higgins. He collided with his car and he died at the scene.”

Mr French said of the motorcyclist, of Hillside Avenue, Rushenden: “His driving was well in excess of the speed limit. Secondly, his motorbike was in a poor condition and would have failed an MoT.

“Thirdly, he was under the influence of drugs at the time of the crash. Those factors you will have to bear in mind.

“However, the Crown say notwithstanding those factors, Mr Villiers at the time of the crash was careless and, further more, caused the death of Mr Higgins.”

Mr Villiers, who denied the charge, told police he was first aware of the motorbike when he crossed the markings in the centre of the road. He added that both he and Mr Higgins hit their brakes.

The issue to consider, said Mr French, was whether Villiers was driving without due care and attention.

After his death, Mr Higgins, a former pupil of The Westlands School, Sittingbourne, was described as “a real family man and proud father”.

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