A van driver accused of killing an American tourist and injuring her young daughter in a road accident expressed relief after prosecutors dropped the case yesterday.

Designer Flowers delivery man Harold Simons, 44, had been due to go on trial next week for causing the death of Martha Hoopes by dangerous driving and causing actual bodily harm to her daughter Ashley, 9.

Mrs. Hoopes, 39, died after her rental cycle came into collision with his van on Middle Road, Southampton, on March 24 last year. Her daughter, who was riding pillion, was trapped under the van for 30 minutes until she was pulled free by firefighters. She required hospital treatment for her injuries.

Crown counsel Maria Sofianos did not give any reason for the Crown's filing of a "nole prosequi," which is an application to discontinue criminal charges. Puisne Judge Charles-Etta Simmons granted the application. She told Mr. Simmons that he was free to go, but cautioned him that the Crown could apply to re-open the case if it wished.

However, speaking after the hearing, Mr. Simons' lawyer Richard Horseman said it had been halted due to a lack of evidence.

"All the eye witnesses supported Harold's version of events in so far as the tourist in this case had lost control and veered into his lane and struck the van," he told The Royal Gazette. "All the eyewitnesses said that <\!m> it was only the evidence of two Police experts who had (in their analysis of the scene) put Mr. Simons' van over the line and that was based on skidmarks that they found at the scene. Our view is those skidmarks did not belong to Mr. Simons."

Mr. Simons was taking a delivery to the Southampton Princess on the day of the collision. He said that when he found out he was being prosecuted "It was a shock and a surprise because I felt it was an accident. An unfortunate accident. She was actually in the bus layby and lost control of her cycle and veered into the westbound lane and collided with the truck."

Mr. Simons, of Bob's Valley Road, Sandy's, had been on bail since he was charged last October. He said of the case being dropped "I'm just glad it's over. It's been stressful but I'm glad it's closure. It's been mentally draining but I'm glad it's finished and I can move on with my life."

Mr. Simons, who is unmarried and does not have children, still works for Designer Flowers. He said of Mrs. Hoopes' family "They're still in my thoughts."

Mrs. Hoopes, of Kenilworth, Illinois, was known to her friends as Susan. A stay-at-home mom, she was married to Stephen Hoopes, an investment company partner. Their son Alex was six at the time of her death. Neither was involved in the collision, and her family was not present in court yesterday.

In an email to this newspaper after hearing the news, Mr. Hoopes said "I have no comment other than to express my family's sincere gratitude for all the care and the many acts of kindness we received from our doctors, nurses and so many others while we were in Bermuda."

Mrs. Hoopes was a member of the Kenilworth Union Church, and Assistant pastor Jane Lionberger said in the aftermath of her death "The whole church is absolutely devastated. She was so gifted, active, so bright. She was the kind of person who everybody would like to know. She was just a lovely person, kind and generous and she never said a bad word about anybody she was fun to be with."

Rev. Lionberger said Mrs. Hoopes loved Bermuda and had been very much looking forward to her vacation with her husband and children.

The fatal collision reignited debate in Bermuda over whether adequate safety measures are taken when renting scooters to visitors. Premier Ewart Brown said at the time that he'd asked the Road Safety Council to write to every rental cycle outlet on the Island "reminding them of the important role they play in saving lives when they teach visitors how to operate livery cycles".

Coroner's officer Sgt. Lyndon Raynor said a decision will be made on holding an inquest into Mrs. Hoopes' death after the case file is reviewed.