A LORRY driver accused of driving without due care and attention has had his case dismissed after prosecutors failed to provide any evidence.

Jaroslav Andrzej Kozlowski, of Roman Way, Andover, had been due to stand trial yesterday (September 7) accused of failing to see a broken down vehicle on the A34.

On December 4, 2020, whilst driving a HGV, Mr Kozlowski was said to have taken “no avoiding action by way of braking or steering” and hit a vehicle whilst traveling southbound on the A34.

The collision caused the HGV tipped over and as a result the carriage was forced to close for a number of hours.

The broken-down vehicle also suffered "extensive damage".

But Basingstoke Magistrates Court was told yesterday afternoon that the police had been unable to provide the prosecutor with a police statement or dash cam footage.

During the hearing, prosecution made an application for the proceedings to be adjourned, to wait for the evidence to be provided.

However, the 49-year-old's barrister, Aqsa Hussain, said that the defendant, who had been unable to work since December 2020, had a right for the trial to go ahead promptly.

The Judge said it was “not within the interest of justice" for the case to be adjourned again deciding that the trial had to go ahead.

As a result of his ruling that the trial must go ahead, the prosecutor offered no evidence to court and the case was dismissed.