NO further action is to be taken following a police investigation into the circumstances surrounding the 2007 death of pensioner who was hit by a bin lorry.

After consultations with the Crown Prosecution Service it was decided not to proceed with any court action against the driver.

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In January, new information from a ‘whistleblower’ came to light suggesting the licence of the vehicle’s driver, former Hyndburn Council employee Kevin Michael Slattery, had lapsed.

In June 2008 he was cleared of driving without due care and attention over the death of 66-year-old Jean Eastwood after he collided with the pensioner as he was reversing in Rishton’s Norden Court alleyway.

Police were informed and a senior council official Steve Riley, a long-serving officer involved in driver licensing for cleansing vehicles since 2007 was suspended ending the police investigation.

The whistleblower revealed that Mr Slattery, now over-60 and retired, did not have the necessary medical checks for over-45s to drive such refuse vehicles.

The medical checks on him were allegedly completed successfully seven months after the accident but before the resulting court case, according information.

If proved this would have meant that at the time of the fatal accident he did not have the relevant classification on his licence to drive the lorry, possibly invalidating his and the council’s insurance.

A Lancashire Police spokesman said: "An investigation into the circumstances surrounding a fatal road accident in 2007 has been concluded.

"At 12.45pm on Monday, May 14, 2007, a refuse wagon driven by Hyndburn Borough Council employee Kevin Slattery collided with Jean Eastwood off Harwood Road, Rishton.

"She received injuries which proved fatal at the scene.

"Following an investigation Mr Slattery was summonsed for an offence of driving without due care and attention and was subsequently acquitted at magistrates court.

"Earlier this year information was received by Lancashire Constabulary from Hyndburn Borough Council which showed that at the time of the accident Mr Slattery did not possess the correct classification on his licence to drive the refuse wagon.

"However following a police investigation, and after consultation with the Crown Prosecution Service, a decision has been made by the constabulary that no further action will be taken.

"All of the relevant parties have been informed."

Mr Slattery said at the time he did not know anything about the claims.

Mr Riley was not available for comment in January.

There was no-one at Hyndburn council immediately available for comment.