A driver accused of killing a pensioner after drinking and taking drugs the night before was dramatically cleared today after the prosecution admitted there was a “realistic possibility” the 78-year-old stepped in front of his van.

Josh Benjamin, 23, of Southern Drive in Loughton appeared in Chelmsford Crown Court today where he faced a charge of causing the death Emilie Buckner by careless driving.

The 23-year-old had previously pleaded not guilty on August 11.

Mrs Buckner, a widow, was returning home from walking her dog when she was hit by the van on October 10 2013.

Benjamin pleaded guilty to possessing cocaine the night before and was given an 18-month conditional discharge.

Traces of alcohol and cocaine, which he had been offered at a charity meeting in a pub, were found in Benjamin's blood after the collision.

Prosecutor Andrew Jackson said the Crown accepted that the small amount of cocaine Benjamin took the night before the accident at 7.30am in Oakwood Hill, Loughton, played no part in the collision.

The court heard that both prosecution and defence accident reconstruction experts agreed that there was "a realistic possibility that Mrs Buckner could have stepped into the road giving the driver no chance of avoiding the fatal collision".

Judge Anthony Goldstaub QC said that Benjamin, who was described as visibly distressed at the scene and weeping, had suffered considerable anxiety over nearly 16 months waiting for the court hearing.

The judge said he "saluted" Mrs Buckner, who moved to the town with her husband William in 1955, as a distinguished older citizen of Loughton and extended the court's sympathies to her family and friends.

He added : "Her death has left a huge void in the lives of everybody who knew her, particularly her family."

Mrs Buckner, a nurse and then a carer at a children's home in Loughton, took A levels and a degree in her 40s.

She went on to lecture in history at Loughton College of Further Education and taught at summer schools as well as singing in a local choir.

Even after retirement she continued to give lectures to organisations.