A "SPEEDING" driver who caused a head-on smash and then ran off leaving injured people in the wreckage, has avoided jail but lost a bid to clear his name.

Lying David Swarbrick, 28, had been on the wrong side of the road when he hit a vehicle being driven by Nicholas Roughley in Manchester Road, Haslingden.

Swarbrick was so desperate to get away from the crash scene he climbed through the back of his badly damaged car. He abandoned his friend, leaving him hurt and trapped in the passenger seat, and then went on to blame Mr Roughley for the crash.

Mr Roughley and his passenger and workmate Michael Smith both had to be cut free from the debris, Burnley Crown Court heard.

Swarbrick claimed he went to his mother's nearby home to phone the police but a judge said his explanation for making off was "fanciful".

Swarbrick, who works at The Old House at Home, Rawtenstall, was convicted by magistrates of dangerous driving and given a three month jail term after the crash on March 20, 2004. He appealed against his conviction but this was thrown out by Judge Barbara Watson, who called him a liar.

However the judge, sitting with two justices, said if she sent the appellant to prison he would probably serve about three weeks. That was not in his interests nor was it suitable reparation to the public. He had a job and a young child.

Swarbrick, of Harlech Close, Haslingden, was given 200 hours community service instead. He was banned for 12 months and must take an extended re-test. He must also pay £255 costs.

Dismissing Swarbrick's appeal, Judge Watson said the bench found Mr Roughley's evidence an honest account and went on: "Even now he shows signs of anxiety when he describes what unfolded that particular evening. It was a fast-moving, very traumatic incident and he was, in our judgement, a truthful witness."

The judge said the appellant had given no coherent explanation as to why it took him 14 hours to contact police and although he claimed to be confused and dizzy he did not seek medical attention. She added: "His evidence was completely lacking in truth and he has lied to the court."

The appeal heard how Mr Roughley and Mr Smith, were heading to work when they were confronted by a car coming towards them on the wrong side of the road. Mr Roughley tried to avoid a collision but Swarbrick hit them head-on.

Swarbrick claimed it was he who was confronted by a car on the wrong side of the road and alleged Mr Roughley had lost control.

Mr Smith told the court a car came towards them at about 60mph on the wrong side of the road and struck them.

Mr Smith continued: "I can't remember much after that. I remember the car spinning and coming to a stop. The driver got out and ran off. That's the last thing I can remember."

PC Michael Raw told the court there were skid marks on the road. He said: "It is quite obvious to me David Swarbrick's vehicle was on the wrong side of the road at the point where the marks were left."