A NORTH Yorkshire businessman has been cleared of causing the death by careless driving of a motorcyclist.

Sean McClarron, who is from Snainton also master of the Derwent Hunt, was driving his Range Rover on the A171 Scarborough to Whitby road when he turned right, into the Gowland Lane junction.

Over the last three days, York Crown Court has heard how 26-year-old Stuart Green, from Staxton, was riding his 1,000cc Yamaha on the A171 when he attempted to overtake Mr McClarron's Range Rover and collided with the side of the vehicle.

The court heard Mr Green, who was travelling at the head of a convoy of motorbikes, followed by his friend James Pickard and brother Adam Green, had been travelling at a minimum of 71mph on the 60mph stretch of road at the time of the crash, and died at the scene from head injuries.

Yesterday, Judge Paul Batty QC instructed the jury to return a verdict of not guilty for Mr McClarron, who denied causing death by careless driving, as he felt the available evidence would force the jury into speculation and guesswork.

He said: "The thrust of the prosecution case is that Mr McClarron did not use his mirror or mirrors and or he indicated late when negotiating that right turn.

"Given the evidence we heard of the speed or possible speed of the late motorcyclist who sadly lost his life, Mr McClarron may well have used his mirror or mirrors but at a time that he [MR GREEN] was not within sight."

The judge also highlighted expert testimony from a police collision investigator which proved Mr McClarron had been indicating at the time of the manoeuvre, and evidence from Mr Pickard, who was some distance behind Mr Green, who said he saw the rear brake light of Mr Green's bike before the collision, suggesting he had become aware of Mr McClarron's vehicle and tried to stop.

Judge Batty QC said: "We know of course, sadly, that this young man needlessly lost his life but as I have explained in my judgement we cannot turn the clock back.

"There are on occasion accidents, there are on occasions fatalities when actually it is no-one's fault at all, or there are occasions where the fault lies really with one person and no-one else. In those circumstances, I decide to exercise the ruling I have; to withdraw the case from you, and direct you to return a verdict of not guilty."

Mr McClarron declined to comment on the matter outside court.