THE heartbroken relatives of a Ryedale soldier who died when he was struck by a car while out jogging has said that the British legal system has failed them.

Nick Woodward, a 22-year-old lance corporal in the military police, who was the youngest of four children and used to live at Costa Way, Pickering, was jogging near Aldershot Barracks on November 8 last year when a car mounted the pavement and hit him.

Brian Dorkings, 37, of Ash, Surrey, denied causing death by dangerous driving, a charge that was later dropped, but admitted careless driving at Winchester Crown Court.

He was banned from driving for six months, fined £2,500 and ordered to pay £1,500 costs.

Nick's sister, Linda Woodward, of Copperfield Close, Malton, said: "I think my sister, Andrea Hymas, summed it up well - we feel embarrassed to tell people what our brother is worth.

"Dorkings only used his car at weekends, so this sentence means 12 less enjoyment rides for him. He's shown no remorse, his barrister's told the court that he's remorseful, but words are not enough, it's actions that show how you feel.

"The whole family blame British law. We feel as if we've been sold down the river. All along we've wanted a jury of 12 independent people to have the chance to review the evidence without emotion. By allowing him to plead guilty to the lesser charge, we've got nothing."

Dorkings admitted speeding in a 40mph zone in his high-powered BMW M3. The court heard reports that it was difficult to calculate his speed, but it was between 48mph and 71mph.

Part of Dorkings' defence was that the rear-wheel drive car had a mechanical fault.

Nick's distraught mum, Ida Woodward, was forced to cancel two funerals while she waited for coroners in Hampshire to release his body.

A post mortem was carried out immediately after his death, but then a second one took place on November 22 last year, at the request of Dorkings.

Nick was given full military honours at his funeral at Pickering Methodist Church, which took place a year ago.

Updated: 11:37 Wednesday, December 17, 2003