A man accused of killing bartender Larry Thomas while driving drunk was cleared of the charge on a legal technicality relating to his breath-test yesterday.

Prosecutors had alleged that Roger Bowen's van crossed into the lane Mr. Thomas was riding his motorcycle in, and hit him.

Mr. Thomas, a 34-year-old father of two, died at the scene of the collision in Somerset in the early hours of April 26, 2008. He'd been on his way home to Southampton after finishing work at Salt Rock Grill in Somerset and socialising with friends.

Mr. Bowen, a 26-year-old air conditioning mechanic from Sandys, denied causing death by driving with excess alcohol. He further denied driving with excess alcohol. His trial began at Supreme Court on October 12. The jury heard from traffic collision investigator Dave Greenidge that Mr. Bowen's van may have been on the wrong side of the road as it headed west when it fatally collided with Mr. Thomas, who was travelling east.

However, the lights on the motorcycle may have been off at the time, and there was no indication either vehicle braked to avoid the other. The jury heard medical evidence that Mr. Thomas had more than twice the legal amount of alcohol and a "fairly high amount" of cannabis in his bloodstream when he died.

Police Constable Valerius Jean Louis, who was called to the scene of the collision around 3.08 a.m., said he smelled alcohol on Mr. Bowen's breath and noted that his speech was slurred, although Mr. Bowen denied he'd been drinking.

However, the trial ran into technical difficulties when prosecutor Nicole Smith wanted to call Police Sergeant Carl Gibbons to give evidence about the breath test he did on Mr. Bowen after his arrest.

Much of yesterday was spent in legal arguments debating that issue in the absence of the jury, having already been delayed for several days because Acting Inspector Greenidge was taken ill part-way through his evidence.

Mr. Bowen's defence lawyer Elizabeth Christopher argued that the prosecution had not produced adequate documentation to allow it to present Sgt. Gibbons' evidence to the jury.

Puisne Judge Charles-Etta Simmons upheld Ms Christopher's objection and this meant the trial could not continue without the evidence relating to the issue of Mr. Bowen's alleged impairment. Calling the jury back in, the judge directed the foreman to deliver not guilty verdicts on both charges Mr. Bowen faced.

She explained: "I would not want you to go away with a cloud of doubt, or questioning a mystery, so I'm going to just briefly explain to you that it's for technical reasons, but the law is what it says it is. The Crown charges the defendant and must provide evidence that comes up to proof under the law."

Mrs. Justice Simmons said that while it is for the jury to decide questions of fact, charges such as the ones Mr. Bowen faced that have "technical elements" to them must be decided by the judge.

"For example, in this charge there was a technical element regarding the quantity and proportion of alcohol in (Mr. Bowen's) blood. Certain matters of proof are required before you can hear that evidence. In this case, that did not happen, that stage was not reached. That hurdle could not be overcome for you to hear that evidence," she said.

The judge went on to explain that certain documentation could have been presented to the court that could have established a case for the evidence to be presented to the jury. Alternatively, she said, this evidence could have come during a trial within a trial which was held earlier yesterday in the absence of the jury.

"If that evidence is presented and reaches that standard of proof then that evidence can be given in open court. But for technical reasons, that was not accomplished," she explained. "Now I must withdraw the case from you and I must ask you to reach a verdict of not guilty."

Once the verdicts were delivered, she told Mr. Bowen he was free to go. He left court without comment, as did his lawyer Ms Christopher. Prosecutor Ms Smith also declined to speak about the outcome.

Mr. Thomas' family was not present in court when the case came its conclusion and his widow, Shirnall Thomas, could not be reached for comment afterwards.