Charges have been dropped against a man accused of causing the death of a cyclist in Auckland last year.
Glenn Becker was accused of careless use of a motor vehicle causing death, after cyclist Jane Bishop swerved into the path of oncoming traffic after Becker opened his car door.
Becker pleaded not guilty to the charges.
Becker’s defence lawyer Kevin Brosnahan this morning made a “no case to answer” submission in the Auckland District Court, asking for proceedings to be abandoned.
Mr Brosnahan said there was no prima facie evidence that his client’s actions caused the death of 27-year-old cyclist Jane Bishop in November 2010.
Becker was accused of carelessly opening his car door while parked on the side of the road, causing Ms Bishop to swerve into the path of an oncoming truck.
During questioning by Mr Brosnahan police witness Senior Constable Brian Hensley admitted he couldn’t be sure, based on all evidence, that Becker’s failure to keep a constant eye on the road behind him while exiting the car caused the accident.
Mr Brosnahan told Judge Gittos it couldn’t be proven the accident could have been avoided by Becker consistently looking behind him when opening the car door.
This meant the judge had not been presented with prima facie evidence that Becker caused the crash, Mr Brosnahan said.
Crown prosecutor Brent Thompson argued that based on the road layout, traffic density and paint marking on Ms Bishop’s handlebars, enough prima facie evidence has been put before the court.
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