A DRIVER who knocked down a 12-year-old boy outside his home has walked free from court.

Andrea Caven, the mother of Joe Caven-Norris, said she is now considering civil action after a judge decided that Philip Bellwood had not driven carelessly.

Her son ran out from behind a school bus into the path of Mr Bellwood’s silver BMW on July 3, last year, in Margrove Park, near Guisborough, east Cleveland.

Joe was airlifted to hospital with severe head injuries, but he died the following day.

Mr Bellwood said he thought he had been driving at between 30 and 35mph in the 40mph zone, not a minimum of 44mph, the figure scientifically calculated by Police Constable Paul Hardwick, from the crash investigation unit for Cleveland Police.

Mr Bellwood, who pleaded not guilty to driving without due care and attention, said: “I do not believe I was travelling at the speed that was stated and, although it was a tragic accident, there was nothing that could have been done to avoid what happened at the time.”

Michael Todd, the bus driver told Teesside Magistrates’ Court yesterday that he saw Mr Bellwood, of Brunswick Court in Marske, east Cleveland, approaching as he pulled away from the bus stop.

“I would not say that he was driving at an unreasonable speed,” he said.

Ms Caven described the moment her son was hurt.

She had been waiting for him to return home and was with her younger children, Johnathan, nine, and one-year-old Jacob, and her partner, Eddy Carles, in the play area within sight of the bus stop.

She said: “I was so relieved when I saw him at the rear of the bus that he was safe and home.

“Then I heard a big bang and saw that Joe was not there. I saw one of the other boys run to our front door. I said ‘it’s Joe, I can’t see him’.”

Mr Carles ran to help Joe and gave him mouth-to-mouth resuscitation until paramedics arrived.

Ms Caven said: “I kept shouting ‘Eddy look after Joe, keep him alive’. I knelt down and took Joe’s hand. I do not know if I spoke to him aloud or in my head. I saw the sparkle leave his eyes.”

In delivering his verdict, district judge Simon Hickey, said it had been right for the police to bring criminal proceedings against Mr Bellwood.

But he said: “I have found elements of doubt in the case and I have to give it to the defendant.

The case has not been proved without reasonable doubt.”

Following the hearing, Ms Caven said she was looking into pursuing a case against Mr Bellwood in the civil courts.

“We are very disappointed,”

she said.” We want Redcar and Cleveland Borough Council to meet with us to make a legacy of Joe’s memory and we will fight until the children of Margrove Park can cross that road safely.”

Borough councillor Mary Lanigan said that now court proceeding had concluded the council could meet its commitment to discuss the road safety issues.