A DRIVER who caused the death of a motorcyclist and his pillion passenger will face a second trial after the jury failed to reach a verdict.
During a four-day trial at Worcester Crown Court last week, Gary Lillis, of Hopton Drive, Kidderminster, admitted two counts of causing death by careless driving but denied two counts of causing death by dangerous driving.
But the jury failed to reach unanimous or majority verdicts and Judge Jim Tindal said he had no choice but to discharge the hung jury.
The Crown Prosecution Service (CPS) was then given seven days to decide whether to pursue a retrial or proceed to sentence on the careless driving counts Lillis admitted.
And the CPS has now confirmed it will be proceeding with a retrial.
A spokesman said: “A letter has been sent out to the court today saying that we will proceed to a retrial. The court will then set a date for the trial.”
Appearing in the witness box during the original trial on Thursday (May 23), Lillis, a retired music teacher, said he had a full clean driving licence at the time of the crash.
The 62-year-old was turning right into Otherton Lane from the A44 at Cotheridge, near Worcester, at around 1.40pm on October 15, 2017, when he crashed into a motorcycle, killing Dean Turvey and his partner Emma Aldridge.
When questioned by his barrister Harry Bowyer, Lillis said: “I have been involved in a very serious accident with fatalities unfortunately. I have been in quite a lot of shock since."
He said the first he knew of the motorcycle was when his wife shouted “oh Gary!”
Lillis told the jury “it was my fault” and admitted the motorcycle had right of way. He also spoke of the police interview, telling the panel: “I was devastated. I was in tears.”
Michael Hall, prosecuting, asked the defendant how many times he had looked before making the manoeuvre. Lillis said he could not recall but said it must have been at least twice.
Mr Hall told the defendant: “No one saw you indicate, Mr Lillis. Is that because you only realised the turning was yours at the last minute?”
Lillis said he had "no idea".
He would have had between seven and eight seconds from the junction to see a vehicle coming in the opposite direction, the court heard.
The car was found in third gear after the crash and Mr Hall asked if the vehicle would have been responsive as he turned into the lane.
Lillis answered “quite responsive, yes”. He said he was not travelling fast when he turned.
Lillis and the victims’ families declined to comment after the trial.
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