A DRIVER who lost control of his car while speeding on the A228 killing his passenger has been jailed for three years.

A court heard that David Cook had overtaken two cars before his Audi left the road near Stoke and crashed. His friend - front seat passenger Nicholas Bailey - was thrown out of the car and suffered fatal head injuries.

A jury at Maidstone Crown Court found Cook guilty of causing death by dangerous driving after a two-day trial. During the trial the court heard there were no other vehicles involved in the crash on November 16, 2003 and no eyewitnesses to the actual accident.

Cook, 25, later told police he had earlier been working behind the bar at Grain village hall. He said he only had a small amount to drink during the evening and left at about midnight.

He picked up 19-year-old Mr Bailey and they went to Strood to get some food. Afterwards, they headed back towards Grain, where they both lived in Pannell Road.

David Jeremy, prosecuting, said: "He says he was doing roughly 60mph. The area at the point of the crash is a 40mph limit, which had just come down from 60 a matter of weeks before."

Samantha Giles was driving her firefighter husband Darren home from a dinner when she saw the Audi’s headlights as it came up "fast" behind them at Chattenden.

Mrs Giles said in evidence that when she saw the Audi coming up behind her, she said to her husband: "Look at this idiot."

She continued: "He overtook us so fast over the top of the hill and sped off in front. He must have been doing double what I was doing, which was about 45."

Shortly afterwards, another couple were overtaken by the Audi as they travelled just under the 40mph limit.

"All they can say is that this defendant overtook them at a very high speed indeed," said Mr Jeremy.

The Audi ended up on the offside of Malmaynes Road, still facing in the direction it was travelling.

"It had left the road, collided with some bushes or trees and driven down what was a drainage ditch,” said Mr Jeremy. "It rotated itself through 180 degrees and out of the ditch. It seems that neither Mr Bailey nor Mr Cook were wearing seat belts."

A police expert estimated the car was travelling between 69mph and 81mph at the point where it left the carriageway.

When interviewed, Cook claimed he lost control after seeing a fox in the road.

But Mr Jeremy said: "We suggest he was simply driving far too fast. The prosecution say the facts speak for themselves."

Cook did not give evidence during the trial but Michael Haynes, defending, said Cook's remorse was deeply felt and he found it difficult to live with what had happened.

Judge Carey told the defendant: "Human life cannot be restored, nor can it be measured by the length of a sentence. No term of imprisonment can reconcile the family to the loss. I have no doubt whatsoever you have genuine remorse."

Nicholas Bailey became the 30th victim of the notorious A228. Progress has been made in generally improving the safety of the road in recent years.