Cyclist death charge 'not proven'

Elspeth Kelman died at the scene of the crash on Arran

A jury has returned a verdict of not proven in the trial of a van driver accused of killing a cyclist.

Elspeth Kelman, 59, was struck on the island of Arran during a cycling trip in memory of her late husband.

Charges against Nick Underdown, 28, of causing death by careless driving, were found not proven.

A police report had blamed the 28-year-old for the fatal crash but his defence counsel successfully argued this should not be seen by the jury.

Kilmarnock Sheriff Court heard how Mrs Kelman, from Glasgow, was on an annual cycle ride to honour her husband Ronald, who died from cancer aged 56 in 1994.

Fellow members of the congregation at Wellington Church, in the city's west end, were with her on the outing on 30 August 2008.

The shocking and violent nature of her death caused us horror, anger and agitation Frances Downie Victim's sister

Mr Underdown had just rounded a bend on the A841 Brodick to Corrie coast road near Cladach when his Seat Inca ploughed into the cyclists before plunging down an embankment.

Mrs Kelman was pronounced dead at the scene. The church's retired minister, the Rev Leith Fisher, 67, was badly hurt in the crash. He has since died.

The court was told that Mr Underdown, of Arran, was a reporter for the now-defunct Arran Voice newspaper and was off-duty at the time of the crash.

He denied the charge of causing death by careless driving.

The police accident report blamed Mr Underdown for the accident, finding he "failed to maintain proper control of the vehicle" and concluded "his actions have been careless".

Majority verdict

An investigator also stated in the report that "there was no wrongdoing on the part of the cyclist".

Mr Underdown's defence counsel, Jamie Gilchrist QC, argued successfully in a legal debate that those parts of the report should not be seen by the jury, which returned a majority verdict of not proven.

Mrs Kelman's sister condemned the verdict and insisted the tragedy could have been avoided.

Her sister, Frances Downie, said: "The shocking and violent nature of her death caused us horror, anger and agitation."