An Eniskillen man who faced charges of driving without due care and attention, following an accident in 2001 which killed a 64-year-old bin man, has been cleared of the charge.

Kevin McManus (49) of Chanterhill Park, was told by the Resident Magistrate Greg McCourt, 'there is no court to answer'.

The charges relate to a fatal crash which occurred on 2 August, 2001, involving a bin lorry, driven by McManus, and a 50 foot heavy good vehicle. The man who died in the accident was Seamus Miller. A second Council employee, Billy Burns was seriously injured in the accident. Both men had been standing on foot pedals at the rear of the refuse lorry when the accident occurred.

The Magistrate, Mr McCourt said that when coming to his decision he took into account the nature of the road, the hazards along the road and the behaviour of the HGV driver. Mr McCourt extended his sympathy to the family of Mr Miller and Mr Burns and, also with the defendant who, he said would 'have to live with this accident for the rest of his life'.

Giving a verdict of 'no case to answer', Mr McCourt said no reasonable jury would convict the defendant of careless driving.