By Rachel Morton
An Auckland driver accused of causing the death of a cyclist by opening his car door has walked free after charges against him were dropped.
The judge threw out a charge of careless use of a motor vehicle causing death, saying that police had failed to prove driver Glenn Becker was careless.
The accident happened in November 2010 on Auckland's Tamaki Drive, a busy road where there have been a number of other accidents involving cyclists.
Mr Becker was accused of careless use of a motor vehicle by opening his car door and causing cyclist Jane Bishop to swerve into the path of oncoming traffic.
However Judge Phil Gittos said Mr Becker had taken reasonable care when opening his car door, and did look first.
Given the danger of the road and the speed the cyclist was travelling Mr Becker would have had to be constantly looking behind him, Judge Gittos said, which wasn't reasonable.
Cycle Action says Auckland Transport should have been named in court for not fixing a dangerous stretch of road, which is busy and narrow.
Auckland transport said in a statement that since the crash it has promoted reduced speed in the area, introduced a cycle warning system, added cycle lanes and carried out an education campaign.
It also points out that there was a cycle lane, which is shared with pedestrians, at the time of the accident.
Mr Becker had no comment as he left court, but his lawyer told reporters he's relieved and his feelings go out to Jane Bishop's family.
3 News