Tamaki Dr to blame for death: lawyer

LAWRENCE SMITH/Fairfax NZ

ACCUSED: Glenn Becker.

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It was the road layout and heavy traffic on Tamaki Drive that killed a young cyclist, not Glenn Becker, his lawyer says.

Becker has pleaded not guilty to careless use of a motor vehicle causing the death of Jane Bishop, 27, on Tamaki Dr in November 2010.

He is accused of carelessly opening his car door while parked on the side of the road, causing Bishop to swerve her bike into the path of an oncoming truck.

During his trial at Auckland District Court yesterday, Becker's lawyer Kevin Brosnahan questioned Senior Constable Brian Hensley, who investigated the accident.

He highlighted a number of possible causes of the crash in the police investigation report.

The factors included the speed at which Bishop was cycling, the sharp bend in Tamaki Dr and the heavy traffic which restricted visibility.

Judge Phil Gittos reminded Brosnahan it was the judge's job only to decide whether Becker had been careless, not on the degree of Bishop's negligence or any other contributing factors.

"I'll be submitting to Your Honour that the sole cause of what occurred here was the road and the driving, and Mr Becker's actions are excluded as causes," Brosnahan said.

Auckland Council moved a row of carparks on Tamaki Dr within two days of the accident, Brosnahan said.

He said that had made Tamaki Dr much safer than it was at the time of the accident, because the road no longer narrows down soon after a sharp bend.

"A cyclist trying to get past parked cars would still be in the same situation, except that the bend would be further away, which might help I suppose," Hensley said.

"Largely I see it as just moving the problem... Or moving the situation, I should say, down the road."

Brosnahan also asked Hensley whether the cane basket attached to the front of Bishop's handlebars could have had something to do with the accident.

Hensley said he would expect the basket to affect the steering and braking capabilities of the bike, but because it was relatively light he thought the effects would have been minimal.

A DVD recording of a police interview with Becker was played to the court yesterday.

In it he described how either Bishop or part of her bike collided with him before she fell beneath the wheels of the truck.

He said when she was stuck beneath the wheels of the truck he asked her if she was okay and she replied "no".

"I put my hand on her head at one point even though she was holding her head up, to try and support it... I may have yelled 'help' to somebody, I don't know. Then I pulled my cellphone out and called 111."

The trial is expected to finish today.

- © Fairfax NZ News