A MAN has died following a road traffic accident near Rothes.
Graeme McKenzie (37) thought to be from Rothes, was the passenger in the black Audi which left the A941 Elgin to Craigellachie road at around 5pm on Friday.
No other vehicle was involved.
The driver, also 37, was taken by ambulance to Dr Gray’s Hospital in Elgin.
Police Scotland closed the road for approximately six hours for a collision investigation to be carried out.
Crown Office spokesperson said the procurator fiscal in Elgin received a report concerning a 37 year old male in connection with the incident on May 16.
They added: "Following full and careful consideration, the accused was liberated from custody pending further enquiries and did not appear in court."