A FIFE company director accused of driving at 156 mph on a dual carriageway near Kirkcaldy early one Sunday morning in May last year walked free from court yesterday.

No further evidence was heard in the case against Ronald Klos (37) and, following lengthy submissions, Sheriff Paul Arthurson found him not guilty on all charges.

He ruled that the charges of driving dangerously at 156 mph on the east Fife regional road on May 2, or alternatively at high speed while using a mobile phone, and without the correct registration plates fitted to the car, failed because the necessary notice of prosecution had not been served on Mr Klos.

He cleared him of failing on May 5 to give the identity of the person driving the car, stating that the Crown had not proved that Mr Klos had not carried out the “limited burden of proof” required under the law.

The court had already heard that Mr Klos denied being the driver at the time the high-powered BMW was clocked by a speed camera, claiming he had left the car at a friend’s house following a party and that someone else must have driven it before he returned to pick it up.

No further evidence was led, with Depute Fiscal Siobhan Monks and defence solicitor Nigel Beaumont going straight into their closing speeches.

The Crown accepted that there had been an error in not serving a notice of prosecution on Mr Klos but argued that the first three charges could be dealt with under common law on the basis that danger had been caused to the lieges by reckless conduct. Ms Monks added that there was sufficient evidence to convict on the fourth charge.

But in a lengthy submission Mr Beaumont urged Sheriff Arthurson to find Mr Klos not guilty on all counts.

He argued that the common law scenario could not apply where there was only potential and not actual danger and cited case law in support of this.

Mr Beaumont said there was a gulf between the two and stated, “I would submit that potential dangers are not dangers,” adding that Mr Klos had done what was required of him with regards to identifying the driver.

After a brief adjournment Sheriff Arthurson found Mr Klos not guilty on all counts.

The sheriff said he had found him a credible witness with regards to not being served the notice of prosecution and, while there was sufficient to bring a common law alternative to the Road Traffic Act charges, he also found that the alleged conduct had failed to amount to anything apart from possible danger.

Regarding the identification allegation, Sheriff Arthurson also agreed there was only a limited burden of proof on an accused and said the Crown had failed to prove this had not been done.

He added that in large numbers of these cases decisions were matters of law and nothing he said detracted from the credibility of the Crown witnesses, whom he found reliable.

Mr Klos had no comment to make but his solicitor hailed the decision and said, “In cases such as this, the law must be properly applied.”

It is not known if the Crown intends to appeal.