A FARMER who knocked down and killed a little boy on a pelican crossing has walked from court a free man.

Stephen Crossley, 42, was at the wheel of a tipper truck when he took his eyes off the road ahead for at least five seconds which resulted in the death of Gary Lee Ormerod, seven.

Burnley Crown Court heard how Crossley failed to see a bus in front of him slowing, nor the crossing lights turning to red on Burnley Road, Colne, last October.

He swerved to avoid hitting the bus, crossed the road, braked and hit Gary as he crossed with his older brother Cameron, nine.

The back brakes of the truck, which Crossley did not own, were not working but even if they had been the accident would probably still have happened, although the impact speed would have been less, the court heard. Crossley was unaware they were defective.

The court heard how after the accident, which happened as Gary and his brother returned to their Burnley Road home from a nearby shop after school, his mother Joanne Taylor had visited the defendant and the pair had had a cup of tea and wept together.

The "devastated" defendant, himself the father of a young child, and who now suffers flashbacks to the tragedy, wiped away tears as Judge Raymond Bennett told him the starting point for what he had done was jail but he was satisfied he need not send him to custody.

The judge, who said the victim and his brother had been crossing the road perfectly properly and should have been able to do so safely went on: "The only reason for this accident can be your inattention for at least five seconds -- which can be a long time when driving a vehicle."

But, Judge Bennett added, he had read medical reports on Crossley and his wife and a doctor who had seen the defendant described how he was sobbing and kept bursting into tears.

Crossley was said now to be suffering from post traumatic stress disorder, with anxiety, depression, poor sleep and flashbacks.

The judge said he had read very many letters from friends and employers who spoke of Crossley in every respect as a "splendid" man and who felt great sorrow at what had happened.

Crossley, of Lower Draugh Gates Farm, Burnley Road, Trawden, admitted causing death by dangerous driving. He was given 100 hours community punishment and banned from driving for two years.

David Bentley, prosecuting, said a CCTV camera on the bus showed the two boys were about half-way across the crossing when Gary was struck. He was thrown forward and down onto the road and was run over by the wheels of the tipper.

Gary, who suffered extensive head and leg injuries, was taken to Burnley General Hospital but was pronounced dead.

Mark Stuart, defending, said custody would not help anybody in the case, although he did not seek for a moment to say it was anything other than a tragedy.

Shortly after the accident the defendant, who had been very disturbed by what happened, had been approached by Gary's mother who wanted to talk to him. They went into his kitchen, had a cup of tea and both cried.

Mr Stuart said the accident did not involve drink or speed and the defendant was doing no more than 24 mph on the 30mph road before the accident. Crossley knew he might lose his liberty and had sold his stock and rented out most of his land.