A second attempt to prosecute a man for causing the death of a rock musician by dangerous driving has ended in failure.

The appeals division of the High Court says Andrew Leslie Hamilton won't appear in court again in connection with the road accident in which former keyboard player with Echo and the Bunnymen James 'Jake' Drake-Brockman lost his life.

The 53-year-old sound recordist from Bristol was involved in a collision with another vehicle at Orrisdale on the Kirk Michael to Ballaugh Road in August last year, and Hamilton was originally charged with causing death by dangerous driving.

But when he appeared in court in February, the deputy high bailiff said there was insufficient evidence to proceed and accepted Hamilton's plea of guilty to the lesser charge of careless driving.

Hamilton was fined ?900, banned from driving for nine months and ordered to pay ?50 costs.

However, the Attorney General's chambers appealed the decision, questioning whether the deputy high bailiff was right to proceed with the less serious charge.

In his judgement, Deemster Doyle says the prosecution agreed to putting that allegation to Hamilton and so to continue a dangerous driving case would be an abuse of process.

Dismissing the appeal, he says to press ahead with such a case would be unfair and oppressive.