A bus driver whose single-decker crashed into a shelter, trapping a man underneath, has been cleared by a jury of blame for the fatal collision.
Paul Kirby had been on trial this week at Canterbury Crown Court, accused of causing the death of John Spearpoint by dangerous driving following the incident on August 20, 2022.
Jurors heard the 65-year-old was at the wheel of a Stagecoach 103 vehicle when it ploughed through metal railings and into the shelter at Folkestone bus station shortly after 10am.
Mr Spearpoint, who was in his 70s and had been waiting to catch a service from the Middelburg Square stop, became trapped underneath for 45 minutes.
Once freed by the emergency services, the pensioner was flown to King’s College Hospital in London where he underwent emergency surgery.
But his condition deteriorated and Mr Spearpoint, who lived in Bonsor Road, Folkestone, died eight days later.
An inquest hearing held the following month was told that the pensioner, of Bonsor Road in Folkestone, suffered multiple organ failure caused by complications from the crash injury.
However, it was not until two years later following a lengthy investigation that Mr Kirby, of Hillend Place, Northern Moor, Manchester, was charged by Kent Police.
At a plea and trial preparation hearing in August last year, barrister Oliver Kirk told the court it was the defence case that there was a mechanical defect within the bus that the driver was unaware of.
“The prosecution’s case is that he pushed on the accelerator, and then doubled down when the bus went through the barrier,” Mr Kirk explained.
“But the defendant maintains that he did not have his foot on the accelerator.”
This stance was maintained at his week-long trial, with an expert for the defence telling the jury that what is known as a “runaway diesel event” had occurred that fateful day.
This is when a diesel engine draws excessive fuel from an unintended source and starts running uncontrollably at high revs per minute, producing up to ten times the engine’s rated output and leading to a catastrophic mechanical failure.
The court heard that the brakes on the rear wheel drive bus would also have been “less effective” in such an occurrence and not strong enough to stop the forward motion.
The defence also disputed the prosecution’s assertion that any smoke seen coming from the vehicle was just “normal” exhaust fumes.
The jury found Mr Kirby not guilty of the offence today (Friday, April 11).
At the time of Mr Spearpoint’s death, his former employer at the Model Transport shop which once traded on Guildhall Street paid tribute, describing him as “very laid-back, gentle, always smiling”.
Stagecoach also released a statement after the fatal crash, saying: “Our heart goes out to the family of the gentleman who has died and to his loved ones.”
