A BUILDING site worker due to face trial on health and safety regulations following an accident at work has had the charge against him dropped.

John Davis had pleaded not guilty to failing to discharge his duty under the Health and Safety at Work Act in relation to an incident in March 2013.

It had been alleged the 37-year-old failed to take reasonable care for the health and safety of others, in particular Pawel Nowak, in his operation of a Manitou materials handler.

But before a jury could be sworn in on the first morning of the trial at Swindon Crown Court, prosecutors said they would offer no evidence.

Jason Taylor, for the Health and Safety Executive, said after reviewing the evidence and in particular a defence expert’s report, it was felt there was insufficient prospect of a conviction.

Davis, of Cottington Close, Freshbrook, pleaded not guilty to the charge when he appeared before the court in June.

And after passing a formal not guilty verdict, the same as if a jury had cleared him, Judge Tim Mousley QC also made a defendant’s costs order of £1,320 to cover loss of earnings.

Mr Nowak suffered a broken pelvis and legs following a collision with the seven tonne vehicle at the Kimmerfields site. He was in intensive care for a week following the incident and remained in hospital recuperating for two months.