A DRIVER who said trees casting a shadow on the road prevented her from seeing an elderly cyclist before she fatally struck him has been found not guilty of dangerous driving causing death.
Brooke Jane Kau stood trial in the West Australian District Court over the death of 76-year-old William Knight James in Coolup, south of Perth, in June 2017.
Prosecutor Rebekah Sleeth had argued Mr James should have been visible but Ms Kau was fatigued and distracted by her phone.
However, defence counsel Linda Black said Mr James was wearing dark clothing, had no helmet on and at that time of the morning the trees cast “massive shadows” on the road.
She also said Ms Kau was travelling well below the speed limit.
The jury acquitted Ms Kau this week.