A driver accused of causing the death of his best friend has been cleared after a judge said there was not enough evidence to convict him.

Paul Newby, 23, of Silver Way, Wickford, denied causing death by careless driving while under the influence of alcohol.

Basildon Crown Court heard how Mr Newby's Rover Two Series crashed in Gardiners Lane North, Basildon, killing his friend Ashleigh Evans, 23, of Ramsden Heath.

Mr Evans was found lying dead in a field 24 metres from the car following the accident at around 2.30am on December 9, 2001, during which the car is thought to have been involved in a series of spins and collisions.

Mr Newby was found trapped on the car's rear parcel shelf by a passer-by.

He was acquitted by the jury on the direction of Judge Daniel Worsley, who cited a lack of prosecution evidence.

Judge Worsley said: "I have no choice but to direct the jury that this case could not arrive in a safe criminal conviction.

"On the prosecution evidence the court could never be sure of criminal guilt."

In making his direction, Judge Worsley referred to the evidence of defence witness, accident investigator Steve Jowitt.

Earlier, Mr Jowitt told the jury he could not be sure who had been driving the car at the time.

While suggesting the driver was more likely to have remained in the vehicle, Mr Jowitt "could not be certain" who was at the wheel due to the nature of the crash.

Giving evidence, he said: "As to the speed of the car and as to the driver, I think the complexity of the crash goes beyond any expert analysis."

Judge Worsley also said that there had been no eyewitness evidence that Mr Newby had been driving the car at the time of the accident.

Mr Newby, his family and legal representative Mr Patrick Rappo declined to comment on the case.

Published Monday, May 19, 2003

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