A POLICE officer is to face a misconduct hearing after a file of evidence about a road smash was lost.

His chief superintendent has also apologised for the error, which has meant a suspected uninsured driver has avoided any criminal charges.

The mix-up occurred after Amy Fenton, 20, of Belgrave Road, Darwen, was involved in a accident in November 4, 2003, at the junction of Hollins Road and Sandringham Road.

The other driver involved sent a letter to Amy's solicitor admitting she was uninsured at the time and, after she failed to produce her documents, police began an investigation.

However, a case was not brought within the six-month limit and the police have now admitted they lost the file of evidence against her.

Chief Supt Dave Mallaby wrote to Darwen MP Janet Anderson, who was acting on Amy's behalf, to apologise.

His letter read: "I have now had the opportunity to allow a senior officer to look into this case and regretfully I have to admit that we have been negligent in this matter.

"To put it simply, the officer, in my view, has failed to carry out his duties diligently and expeditiously and as a consequence we have missed the six-month limit on the statutory limitation on proceedings in summary matters.

"I will be dealing with the officer by way of internal misconduct proceedings."

Amy, a student at Manchester University, said she was pleased the police had admitted a mistake had been made but was angry the woman involved would not face prosecution for driving without insurance.

She said: "I do accept the police apology. What does concern me, however, is that the un-insured driver could still be driving around illegally."