BARRIE -- A Keswick hunter who shot and killed a woman walking in the forest was found not guilty of manslaughter yesterday.

Fred Thomas, 62, took a deep sigh of relief after the judge said he did not do anything wrong when he accidentally shot Marianne Schmid, 67, in the Simcoe County Forests of Adjala-Tosorontio Twp. on Nov. 6, 2006.

Instead, Justice Peter Howden suggested it might have been a stray pellet from his rifle, known as a "flyer" that struck Schmid in the abdomen as she walked along a public recreational trail on a beautiful sunny day that first day of hunting season.

"You can follow all the rules and if a flyer happens, an accident can occur," said the judge, adopting evidence heard from an expert during the trial.

During the trial Thomas testified he had a clear sight of a buck in the forest about 46 metres away on the other side of the trail. He said the buck stopped and turned sideways and he fired two shots within seconds.

Thomas testified he waited between one and two minutes and then heard a "whining" sound and went to look for the deer, but instead saw Schmid, who lives about 5 km from the forest, lying still on the trail with her headphones and MP3 beside her.

Thomas' hunting buddies testified he became hysterical, saying, "Why was she wearing white?" and, "It's a hunter's worst nightmare."

He never denied the shot was fired from his rifle.

Crown attorney Greg Barker contended "there was no deer," and that Thomas carelessly fired at Schmid, thinking she was a deer.

But the judge ruled "there is no way he mistakenly took her for a deer ... I accept that Thomas shot at a deer."

Court heard none of the investigating officers looked for a blood trail or for any signs of a deer.

The judge noting investigators "failed to prove much in the way of distance," and that "Mr. Thomas was never asked to identify his position until trial." The judge also ruled Thomas followed all of the rules of hunting.