A British expat had his conviction for causing a fatal crash quashed by the Court of Appeal yesterday, and walked free from jail.

The prosecutor in the Luke Armstrong case conceded that trial judge Norma Wade-Miller did not properly direct the jury on how to weigh up the evidence.

The panel of appeal judges cleared 25-year-old Mr. Armstrong as a result, and ordered he be released, having been in jail since his conviction on November 13, 2009.

Mr. Armstrong was behind the wheel of a heavy truck that came into collision with a car on South Road, Warwick last April, leaving Winston (Yogi) Burrows dead, and two passengers injured.

President of the Court of Appeal Edward Zacca said the full reasons for the court's decision would be given in writing later.

Turning to the young man before him in the dock, he then said: "Mr. Armstrong, you are free to go. The appeal has been allowed, and the conviction and sentence has been vacated. We would advise you to be very careful in future."

Mr. Burrows, 44, died when his car erupted into a fireball as a result of the collision.

One of his passengers, Evelyn Rewan, 30, suffered multiple fractures including a broken neck. She was pulled free from the wreckage before the car caught alight by the other passenger, Honest Masawi, 46, who suffered a head wound.

Mr. Armstrong left the scene, as did another non-Bermudian male who was travelling in his truck. It was later found that Mr. Burrows, who had a paralysed hand from a previous road accident 12 years before, had cocaine in his system. He was also more than twice the drink-drive limit.

Mr. Armstrong, who worked for Arctic Air Conditioning, admitted he'd had four or five beers but no evidence about any breath test result was shared with the jury. Gouge marks and scrape marks on the road indicated Mr. Armstrong's truck was on the wrong side of the road by only a few inches when it hit Mr. Burrows' car.

Yesterday, the Court of Appeal questioned whether the trial judge properly directed the jury on how to weigh up the circumstantial evidence in the case such as the gouge marks, the fact Mr. Armstrong was unlicensed, and Pc Sabean's evidence that he'd been drinking.

They asked prosecutor Cindy Clarke to show where the judge directed the jury on how to weigh up those factors when considering whether he was guilty of dangerous driving. Ms Clarke said the judge did not do so, and commented: "I'm not one to beat a dead horse. I would concede that's probably fatal." She conceded that Mr. Armstrong should have his appeal allowed.

Defence lawyer Saul Froomkin argued that the judge wrongly equated dangerous driving with careless driving, when they are different things in law. He said dangerous driving means someone must be guilty of a "marked departure" from the normal standard of driving.

He argued that Armstrong was not guilty of that, since he was only guilty of a "momentary lapse" at worst, as there was no evidence his manner of driving was dangerous in the run up to the collision.

Ms Clarke said "there's definitely a need for some clarity" in the definition of dangerous driving in Bermuda's laws.

The judges appeared to agree - pointing out that Canada has adopted a detailed definition of the offence in its law and there is no reason why Bermuda should not adopt that.

Armstrong called his girlfriend from the courtroom to share the news. However, invited by the media to comment as he left court, he replied: "I don't want to say anything." His parents, David and Teresa, did not attend the appeal. Defence lawyer Mr. Froomkin said: "His parents say they are ecstatic and relieved. I think he's going back home as soon as he can find transportation."

Mr. Burrows lived in a building behind Warwick Gas Station, where he had an unofficial job as a handyman.

Allan Hodson, assistant night manager at the gas station, said of the outcome of the case: "I'm just upset about it. There's nothing we can do."

Crash victims Ms Rewan and Mr Masawi declined to comment.

Armstrong did not contest the fact that he was driving a heavy truck when he was only licensed to drive a light van. His conviction for that offence therefore remains in place.