A judge today hit out at the Crown Prosecution Service for its handling of a sensitive case involving the death of a motorcyclist after a trial collapsed because he ruled out crucial evidence which had been served late.

Asda delivery driver Gary Crossley had been due to stand trial at Bradford Crown Court accused of causing the death of a 70-year-old motorcyclist by careless driving after a collision on the Leeds ring road in August 2008.

But the CPS was forced to offer no evidence against the 27-year-old Drighlington man after Judge Jonathan Durham Hall QC ruled out what he described as “a last minute, last ditch’’ medical report from a cardiologist.

Brian Jay suffered severe leg injuries when his motorcycle was struck by Crossley’s new Mercedes Sprinter van at a roundabout on August 29, 2008.

Although an operation appeared to have been successful Mr Jay, who had heart problems, had to undergo further surgery to amputate his foot.

During that operation he suffered a heart attack, later developed pneumonia, suffered another heart attack and died on September 5, 2008. It took a further six months before a decision was made to charge Crossley with the new offence of causing death by careless driving which had only come into force 11 days before the road accident.

Although medical evidence about the exact cause of Mr Jay’s death was a crucial aspect of the case against Crossley, Judge Durham Hall heard that the CPS failed to get a report from a cardiologist until last weekend. Judge Durham Hall ruled it could not be used as evidence against Crossley.

Judge Durham Hall said vital evidence was served on the defence on the morning of the trial.

“There clearly was a singular gap which to the mind of any forensic lawyer it was essential to fill,’’ he said.

“The question I cannot answer and can only pose is how can it be that those who had conduct of this case have so clearly missed the need for the urgent addressing of a fatal flaw in their case. How can they have treated the deceased’s family, never mind the defendant, with such an inappropriate attitude?’’ Mr Jay’s son Nigel and other family members were in court yesterday to hear a formal not guilty verdict recorded and Judge Durham Hall echoed comments from prosecutor Peter Moulson about the dignity shown by them during two days of legal argument.

A CPS spokesman said after the case: “Although a cardiologist’s report was obtained in time for the hearing on Monday, we accept that this happened at a late stage and we know we should have done better.

“We are making every effort to ensure that all necessary lessons are learned from this, to ensure it is not repeated.

“We have also offered to meet the family of Mr Jay to explain in detail what has happened. Our thoughts are with them at this difficult time.

“With regard to the comments made by Judge Durham Hall about the length of time taken to bring a charge in this case, we wish to make clear that the collision took place in August 2008, but the CPS did not receive the file from the police until five months later.”