A Simonstone man who admitted causing death by careless driving must wait until November to hear his sentence after barristers could not agree on the facts of the case.
Harry Shaw (19) had earlier this year admitted causing the death of father-of-two Craig Foster (42) by careless driving on Blackburn Road, Simonstone, on March 23rd last year.
He had originally been charged with causing death by dangerous driving, but the lesser charge of careless driving was agreed in June.
Shaw, of Blackburn Road, Simonstone, appeared in the dock at Burnley Crown Court for sentencing on Friday after earlier being told he faced jail, but was released on unconditional bail when his barrister Mr Tony Cross and the prosecution barrister Mr Peter Horgan failed to reach agreement over the facts.
Judge Beverley Lunt adjourned sentencing until November and said: “It has to be done very carefully and it has to be done right.”
Mr Foster, from Accrington, died at the scene after his Kawasaki ZX6R collided with the digger about 4-30pm on March 23rd last year. He had been riding to Clayton-le-Moors from Padiham.
Shaw had been helping his friend Richard Pinder move manure and was turning right in the JCB between the Time Technology Park and Seaways Services when the accident took place.
Disagreement over the facts emerged when Mr Horgan told Judge Lunt that Shaw’s view had been partially or entirely obscured at the time of the accident because the bucket was raised on the JCB.
However, Mr Cross disputed this fact and Judge Lunt ordered expert police witnesses to be called before deciding on sentence.
Mr Foster, who was said to enjoy ski-ing and jet surfing, was travelling home from work to see his family when the crash occurred.
Well-known in the area, Mr Foster ran a motor business in Hapton and formerly worked on his father’s butchers stall in Accrington.
Mr Foster, who had two children, Cory and Lola, was formerly a partner in Accrington Beetles and Vans.