After more than five hours of deliberation, a jury yesterday found Glen Robinson not guilty of causing the death of former Labour Permanent Secretary Ernest Owen by reckless driving two years ago.

Robinson was also found not guilty of driving while impaired.

But the seven-woman, five-man jury was unable to reach a verdict on a charge of dangerous driving and a suggested alternative charge of careless driving.

Acting Chief Justice Norma Wade explained to the jury, before they began deliberations, that if they found Robinson not guilty of reckless driving and dangerous driving, they were to consider the lesser offence of careless driving. Robinson was remanded in custody while the jury deliberated.

At one point, the jury returned and requested that Mrs. Justice Wade clarify the difference between reckless and dangerous driving.

And after five hours, Mrs. Justice Wade called the jury back to get an idea of their progress.

The jury gave their not guilty verdicts on the counts of causing the death of Mr. Owen by reckless driving and impaired driving, but said they were split "seven-five'' on the dangerous driving charge.

Robinson faces retrial on charge Mrs. Justice Wade therefore ordered a retrial on that charge.

Robinson, 55, of Kitty's Lane, Bailey's Bay, had initially been charged with causing Mr. Owen's death by reckless driving, causing his death by dangerous driving, driving while impaired, and refusing to give a breath sample.

He was earlier found not guilty of refusing to give a breath sample.

Mr. Owen died as a result of the road accident that occurred on March 25, 1995 at Harbour Road in Paget, near Salt Kettle Road.

But defence attorney Julian Hall said during his closing remarks yesterday that there was "no evidence whatsoever'' of how Robinson was driving prior to reaching the blind corner.

And he called Principal Crown counsel Khamisi Tokunbo's assertion that Robinson was driving on the wrong side of the road "a triumph of optimism over reality''.

"You (the jury) are dealing with a case where there is precious little evidence,'' said Mr. Hall.

He added that there was no real evidence of impaired driving on the part of Robinson.

"We don't need to make a major leap of logic to accept that my client was traumatised by this accident,'' Mr. Hall said.

"There was testimony that he was unsteady on his feet -- but wouldn't you be, if you could stand at all?'' Mr. Hall pointed out that his client had naturally red eyes, and said they could have appeared glazed because he had glass from the shattered windscreen in his eyes.

She released Robinson on $1,000 bail and ordered him to return to court on September 2 for mention.