Yorkshire personal trainer cleared of causing motorcyclist's death by careless driving as he drove back from a football match

A personal trainer and fitness instructor has been cleared of causing a motorcyclist’s death by careless driving as they both overtook a vehicle at the same time.
Grace Newton
By Grace Newton
Published 23rd Apr 2024, 14:26 BST
Updated 23rd Apr 2024, 14:54 BST

Oliver Varey, 27, of Malton has been on trial at York Crown Court for a week after he denied causing the death of Richard Thomson, 69, by driving without due care and attention.

After deliberating during the morning session on Tuesday, the jury returned a not guilty verdict.

Hide Ad
Hide Ad

Mr Varey, who works at the Derwent Swim and Fitness Centre, was driving home from playing a football match for Kirkbymoorside FC on the August Bank Holiday weekend of 2021 when he joined a line of traffic on Malton Road.

Oliver Varey shared this image of himself on social media after raising thousands of pounds for charity through a number of fitness challengesOliver Varey shared this image of himself on social media after raising thousands of pounds for charity through a number of fitness challenges
Oliver Varey shared this image of himself on social media after raising thousands of pounds for charity through a number of fitness challenges

Meanwhile, Mr Thomson was approaching the same group of vehicles at the head of a group of five bikers who had been enjoying a meet in Malton for Kawasaki owners.

Mr Varey pulled out to overtake a car in front, but as he did so, Mr Thomson’s motorcycle was passing his Suzuki Swift from behind while attempting the same manoeuvre and there was a side-on collision. Mr Thomson, a precision engineer from Essex who was an advanced motorcyclist, died at the scene.

It was accepted by both the prosecution and defence that the group of bikers had been travelling at above the 60mph speed limit, while Mr Varey was below it, but it could not be agreed by how much.

Hide Ad
Hide Ad

Mr Varey said that he had checked his rear view mirrors before beginning to overtake, but ‘did not think the bike would be on him as quickly as it was’ and estimated its speed as 80-90mph.

Evidence was heard from Mr Varey’s girlfriend at the time, Anna Hubery, who had been following him home from the football club in her own car and told the court that she believed Mr Thomson had been travelling faster than his companions and that he had passed her vehicle ‘in the blink of an eye’.

The Kawasaki bike being ridden by Mr Thomson was described by police collision experts as a ‘powerful’ model capable of a top speed of 186mph and with ‘impressive acceleration’, but no forensic evidence was available to determine the exact speed it had been travelling at before the collision.

The Varey family said: “We are grateful that the truth has prevailed, and Oliver would like to thank his legal representation and family and friends who have helped and supported him throughout the last two and three-quarter years.”