THE driver of a bus that ran over an Oxford University student has been found guilty of careless driving but kept his licence.

Paul Willis, 48, was driving an Oxford Bus Company bus along the Cowley Road, in Oxford, on May 26, 2004, when St Catherine's College student Emilie Harris, 20, fell off her cycle and into its path.

Although the bus swerved there was not enough space in the road to avoid Miss Harris. She was pronounced dead at the John Radcliffe Hospital 30 minutes later.

Seconds earlier Willis had been talking to off-duty colleague Henry Stuart as he drove along Cowley Road.

Willis, of Witney Road, Long Hanborough, was yesterday convicted of careless driving and talking to Stuart while driving.

District Judge Brian Loosley said Willis's standard of driving had fallen below that expected of a reasonable, competent and prudent driver.

He said Willis failed to appreciate the potential bottleneck ahead as he approached Miss Harris and should have realised it would squeeze the space around the cyclist.

He said there was not enough space for the bus to avoid running over Miss Harris and therefore Willis should have made the decision to hold back.

Mr Loosley said: "Mr Willis committed a serious error of judgement but unfortunately one that any one of us could be guilty of when we go out on the road.

"Over the years I have had to deal with cases of careless driving where death occurs and it is never easy.

"Family and friends expect me to pass a harsh penalty but I know the defendants have suffered for the past two years and will continue suffering for the rest of their lives pondering this."

Willis was given eight points on his licence and fined £500 for careless driving and £50 for talking while driving the bus. He must also pay £500 costs.

Stuart, 53, of Mather Road, Barton, Oxford, was also found guilty of breaching public service regulations for speaking to Willis and fined £50 plus £50 costs.

However Mr Loosley said after seeing the bus' CCTV photographs he was convinced the conversation between them had finished at least three seconds before the accident and did not play any part in causing it.

Willis would have been disqualified if he had received 12 or more points on his licence and Mr Loosley added: "I have thought long and hard about the issue of disqualification.

"This was a serious error of judgement, but bearing in mind Mr Willis is a man with an impeccable driving record and the impact a disqualification would have on him I have decided to endorse eight points on his licence."

After the trial at Wantage Magistrates' Court, Sgt Peter Jell, of Thames Valley Police's roads policing department, said: "Our investigation has clearly shown that Mr Willis could have and should have backed off that would have given him more time to act when Emilie fell off her cycle.

"The problem we have is that we were never able to establish why Emilie fell off. The lesson here is that people must be prepared for the unexpected happening in front of them."

Oxford Bus Company spokesman Phil Ashworth said a disciplinary hearing would be held.