A Surrey Police officer who killed a pensioner in Hersham after his police car hit him at 78mph has been cleared of causing death by dangerous driving.

PC John Wright, 40, of Freshwater, Isle of Wight, was responding to an emergency call on the evening of November 4, 2008, when he hit 75-year-old Archibald McIlveen on the A244 Esher Road.

Mr McIlveen, a former painter and decorator, who lived in Holloway, north London, had spent the day babysitting for his son in West End Gardens, Esher, before he decided to walk to Hersham station to get back to central London.

The jury at Reading Crown Court heard PC Wright was on his way to Claygate to attend a disturbance in Foley Road and at one point was travelling on 40mph limit road at 93mph.

Although PC Wright applied his breaks second before his car hit Mr McIlveen, he was still travelling at 78mph on point of impact, killing the pensioner instantly, the court heard.

PC Wright told the court: “[Mr McIlveen] just walked out right in front of me. There was nothing I could do.”

An investigation was set up by Thames Valley Police, which decided to charge the PC, but the jury found him not guilty of death by dangerous driving, as well as an alternative charge of death by careless driving, on Wednesday, April 21, following a week-long trial.

Mr McIlveen’s family ran out of the court in tears as the not guilty verdict was read out. During the trial it was revealed officers for Thames Valley Police were advised to drive no faster than 20mph above the speed limit when responding to emergencies, but Surrey Police does not have the same code.

A spokesman for Surrey Police said the force were reviewing their procedures regarding speed following the death of Mr McIlveen.