A VAN driver who made the wrong split-second decision to overtake, causing the deaths of a North Yorkshire couple in a head-on smash, has escaped an immediate jail sentence.

Instead, the 12-month sentence on Michael Thomas Foster, 28, was suspended for two years by a judge at York Crown Court.

Foster, of Salford, admitted causing the deaths by dangerous driving of Jack Stephenson, 73, and his wife, Dorothy, 55, of Hill View, Kirby Hill, Boroughbridge, on December 5 last year.

The accident happened on the A168 near Dishforth Airfield. Prosecutor Christine Colley said: "The couple died instantly and, it would seem, together."

She said Foster was returning from Newcastle to Manchester in a Mercedes Sprinter van.

Miss Colley said he was travelling at about 55mph, as the van was governed, when he came upon a red hatchback car in front. In the dull drizzle and because of his position in the road, Foster did not see the lights of a car coming in the opposite direction.

"He made a decision to overtake the car in front and would, at that point, have seen the light of the Stephensons' vehicle," said Miss Colley.

She said there seemed to have been a moment of hesitation and Foster took the dangerous decision to continue to overtake.

"Mr Stephenson tried to take evasive action and found an escape route to his nearside verge," said the prosecutor.

"Unfortunately and tragically Foster made the same decision and both vehicles swerved in the same direction. There was a head-on impact."

Chris Daw, for Foster, said it was clearly a tragic case for all concerned. He said Foster had written to the family of the two people he killed expressing his sorrow.

Judge Peter Charlesworth said Foster had made the wrong decision by deciding to overtake rather than pull back.

He added he had decided not to send Foster to prison immediately because there were exceptional circumstances and that no useful purpose, other than revenge, would be served.

Foster was banned from driving for two years and ordered to pay £1,119 prosecution costs.

Updated: 10:19 Tuesday, December 11, 2001