THE taxi driver who ran over a student told a jury he wouldn’t have done so had he realised there was a body on the road ahead of his car.

Frank Norman alleges he believed Robert Stephenson, from Pickering, was a bin bag when he saw him on Micklegate, York, in the early hours of March 26.

He claimed by the time he saw the 21-year-old he didn’t have time to avoid him.

The jury have seen a photo of Mr Stephenson, who was six feet tall, weighed 12 and three-quarter stones and had light coloured hair.

Norman, 71, of Brunel Close, off Leeman Road, York, denies causing Mr Stephenson’s death by careless driving.

In cross-examination, Norman claimed he had been in his vehicle resting or driving for eight hours before the incident on Micklegate at about 2.30am.

He also claimed that he had often run over bin bags which invariably in his experience contained cardboard or paper.

A second taxi driver, who stopped by Mr Stephenson’s body shortly before Norman arrived, has given evidence that he has encountered bin bags containing glass while driving.

Norman alleged that the four teachers who were his passengers as he drove along Micklegate were drunk and eating in the back of his cab, and he was concerned about what they might do to his vehicle.

But he claimed that he always had his attention on the road ahead of him.

Defence collision expert John Griffin, retired Manchester traffic policeman, claimed that Norman’s headlights illuminated Mr Stephenson’s body too late for Norman to take evasive action.

He agreed with prosecution barrister Simon Waley that CCTV footage of the scene showed the second taxi driver braking as he came into view.

The second taxi driver has told the jury when he first saw the student, he believed it was a bin bag, but as he drew nearer, he realised it was a person.

Mr Griffin alleged street lighting and Mr Stephenson’s position made it easier for the second taxi driver to see him compared to Norman.

The trial continues.