A COURT trial over the death of a teenage cyclist in York has today been thrown out.
The Health and Safety Executive had pursued a prosecution against York Racecourse, over the death of Ruby Milnes.
The 17-year-old from Bishophill was returning home from York College in May 2008 when she was involved in an accident with a lorry travelling along a racecourse access road that crossed the cycle route.
The HSE had brought two charges of safety breaches but at York Crown Court today, the Recorder of York Judge Stephen Ashurst ruled that the case was outside the HSE's jurisdiction.
He said that on the eve of the trial, an issue with "significant bearings on the validity of the proceedings" had been raised.
He said he was sorry that a "procedural error" may have "compounded the anguish" for Ruby's family.