A motorist has been cleared of careless driving - after colliding with the wall of his neighbour's house.

Shaun Tricker, of Sioux Close, High Woods, Colchester, had been checking the oil and gearbox of his automatic car when it hit Victor Haye's garden wall and then his house.

He told magistrates, sitting at Harwich yesterday, that, unable to get an oil dipstick reading, he had gone through the gears several times, as recommended by his manufacturer's handbook.

Although both hand and foot brakes were applied, his F-reg Ford Granada Scorpio jerked forward, smashing through the front wall, and, with a high revving noise, reversed back into the road.

"It went forward again, and went through the wall and hit Mr Haye's house. It was revving and the wheels were spinning," he said.

"I could not control it. The foot brake and hand brakes were on, but I could not stop it."

Mr Tricker, a postman who has held a clean licence for 19 years, said the car had been regularly serviced, and passed its MoT test less than two months before.

It was written off by his insurers within a week of the July 2 incident. Mike Fraser, prosecuting, said although there were no injuries, the incident resulted in considerable structural damage to the Hayes' property.

PC Steven Woods said he arrived to find the car "embedded" in the front of the house, with the bonnet in a raised position.

The bench said Mr Tricker's descriptions suggested there were "involuntary" movements by the vehicle, although it could not conclude these were the result of a mechanical defect.

The magistrates said they had heard no evidence to suggest that Mr Tricker's reactions fell below careful driving standards.

Defence costs were awarded against central funds.

Published Tuesday January 15, 2002