A man has been cleared of causing the death of cricketer Travis Smith by dangerous driving.

A Supreme Court jury yesterday delivered a unanimous not guilty verdict on Donald Blake. If convicted, the 48-year-old could have faced a jail sentence of up to five years.

Mr. Smith, 26, died when his motorbike crashed into Mr. Blake's car at the entrance to Terceira's Service Station, Devonshire, on July 6, 2006.

The court heard the accident happened at around 8.45 p.m. in North Shore Road as Mr. Blake pulled into the western entrance of the gas station.

The impact was such that the Honda Sonic motorcycle slid across the other carriageway and Mr. Smith was catapulted into the hedges by the roadside.

The former St. George's Cricket Club off spinner died "almost instantly", according to Crown counsel Rob Welling.

During the trial, Inspector Philip Lewis of the Bermuda Police Service said Mr. Smith was exceeding the speed limit when the accident took place. Two witnesses at the scene also claimed he was travelling faster than 70 kph.

The Prosecution argued that although Mr. Smith was speeding, the accident took place in the westbound lane in which he had right of way.

Summing up the case for the jury yesterday, Mr. Welling said: "The collision was as much Travis Smith's fault as it was Mr. Blake's, but there is no requirement for the Prosecution to show which was the greater cause, to show anything but that Donald Blake's driving was a cause of that collision.

"In this case we know that collision caused the death of Travis Smith. He died almost instantly at the scene, at 9.07 p.m. in the evening."

Mr. Welling said that because Mr. Blake's witness statement was only taken five months later, in December 2006, this was "an unreliable account of what took place".

He added that because there was a car ahead of him also waiting to turn right into the gas station, but at the eastern entrance, Mr. Blake should have realised the road might not be clear.

"He should have seen the car in front not put on its indicators as it was not safe enough to make that turn, and he should have done the same," said Mr. Welling.

But defence lawyer Mark Pettingill reminded the jury of defence witness, former Police Chief Inspector and driving instructor Roger Kendell, who said he would have advised anyone in Mr. Blake's position to make the turn.

"The evidence of Mr. Kendell, when asked if would he have instructed anyone to make that turn in these circumstances, his answer was 'yes'," said Mr. Pettingill.

He said Mr. Blake had been driving for 23 years "without a conviction".

He added the defendant, of Hamilton Parish, was a "humble man" of good character.

In his Police statement, Mr. Blake said he indicated to turn after thinking the road was clear and that he did not see any oncoming traffic.

Although there was a taxi ahead of his Suzuki Swift in the gas station, he said he had "enough room" to pull into the forecourt.

Mr. Blake said it was only after he stopped behind the taxi that he "heard a bang" the impact of Mr. Smith's motorbike into the side of his vehicle.

Mr. Pettingill said that witnesses Aden (CORR) DeSilva and Aisha Jordan, who were in the car in front, had described Mr. Smith's motorbike as travelling in excess of 70 kph. Ms Jordan went further, estimating the speed at 80-90 kph.

"Mr. DeSilva said, 'It was so fast he shook my car as he went by'," said Mr. Pettingill.

"Mr. Blake looked down the road and saw nothing because there was nothing. Three-quarters across this lane, because it's just taking a second or so for a bike doing 80 or 90 kilometres to come that distance, whoompf.

"This is two seconds that that young man unfortunately gambles life. Donald Blake didn't gamble anyone's life."

The jury took just over an hour to return a unanimous not guilty verdict to Puisne Justice Charles-Etta Simmons.

Mr. Pettingill, speaking afterwards, said: "This is a very sad case because it involves the death of a young man, but at the end of the day the jury recognised he was going excessively too fast.

"This is a message to all young people that they should not drive at those types of speed on bikes. I'm pleased with the verdict, I think it was the right verdict.

"Mr. Blake is a quiet, humble man. He shed a tear when the verdict came. Now he just wants to get on with his life."