A motorist who drove off from the scene of a crash with a shattered windscreen after a cyclist tragically died could have done nothing to prevent the smash.

Terence Smith was driving his Mercedes ML207 in Harwich Road, Great Bromley, when he was involved in a crash with cyclist Declan Shea and a passing Nissan Juke.

Mr Shea, 31, died at the scene.

But Smith has been exonerated of any blame in relation to causing Mr Shea’s death because it has been proven it would have been impossible for him to have seen Mr Shea.

After the crash, the 72-year-old drove his car - which subsequently had considerable damage to the windscreen and front bumper - back to his home which is on the same road and less than a mile away.

Colchester Magistrates’ Court heard he wanted to warn his wife, who suffers from dementia, he was in trouble and was driven back to the scene by his son in a different car almost immediately afterwards.

He then spoke to police co-operated with them fully.

Smith admitted a dangerous driving charge which relates to the condition of the car he drove after the crash where Mr Shea was killed.

Pictures shown to the court revealed he would not have been able to see fully out of the broken windscreen between the crash scene and his home.

Matthew Swash mitigating, said the case had been tragic all-round and said Smith had suffered hugely since the incident in September last year.

He said: “It was only yesterday Mr Smith was told he was not at fault at all for the cyclist’s death even though we have had 13 months of being constantly in contact with the Crown Prosecution Service and the police.

“He cannot sleep at night thinking about what he could have done better. His wife suffers from dementia – they have been married 48 years – so who does he think of when he think he will be in trouble? His wife.

“He had stopped at the scene but he then goes home, sees his wife and tells her something dreadful has happened.

“They were only away for five minutes because he lives just down the road.

“He has closed his business as a result of this and wants to move away from the area – he is reminded constantly of this.

“The only reason he has been charged with dangerous driving is because the windscreen is in such a state of disrepair.

“There is no doubt he was suffering with shock at the time.

“He arrives back at the scene and is there before the police and says he is the one responsible for this.

“This is the single most difficult thing he has had to face in his life.”

“He was a broken man. He was a robust workaholic but is now nothing like that."

Smith was handed a month in jail suspended for six months.