THE family of a pedestrian who died following a road accident said they were "gobsmacked" as the driver walked free from court today.

Father-of-one Anthony Oliver, 29, died at the John Radcliffe Hospital, Oxford, after being struck by off-duty taxi driver Mokbul Hussain's Toyota as he walked in the middle of London Road, Headington.

Mr Hussain, 56, of Heather Place, Marston, told city magistrates he was paying full attention, but had not seen Mr Oliver until after the accident, at about 1am on June 4, 2006.

Mr Hussain denied a charge of driving without due care and attention and faced a two-day trial at Oxford Magistrates' Court. He was cleared this afternoon.

Outside court, Lisa Oliver said justice had not been done for her brother, who lived in Marston Road, Oxford.

She said: "I'm absolutely disgusted. I don't know how the magistrates can sit up there and give this verdict.

"The magistrates want to put themselves in our situation for just one day. Anthony was a very popular boy and a lot of people miss him very much. They will be very upset with this verdict. They need to change the law."

Frank Cherrill, Mr Oliver's stepfather, said: "In my eyes there is no justice. The system stinks - it absolutely appalls me."

Jane Cherrill, Mr Oliver's mother, said: "I'm gobsmacked. To say I'm shocked is an understatement.

"I've got to look at my little granddaughter, who is only four and has nightmares every night, and that is what hurts the most.

"My family has been pulled apart by this. How a mother moves on from this I just don't know. I haven't got anything left, I just want to go to sleep and not wake up. The day he died, I died."

The court was told two taxis and an Oxford Tube bus had seen Mr Oliver walking in the road and taken evasive action shortly before the accident.

Magistrates heard on Monday that Mr Oliver was drunk at the time.

Mr Hussain insisted he had not seen any vehicles swerve and did not see Mr Oliver until after the impact.

Collision investigator Sergeant Carl Kneale said Mr Hussain was travelling below the 30mph speed limit and had not braked before the collision.

Magistrates heard the road was well lit, but Mr Oliver was wearing dark clothing and was walking in the same direction as Mr Hussain's car.

Sgt Kneale said Mr Oliver's lack of sideways movement, from Mr Hussain's viewpoint, could have given "the impression of stillness".

Giving evidence through an interpretor, Mr Hussain said: "I was paying attention 100 per cent."

Bina Ali, Mr Hussain's sister, said after the trial: "We are just happy he was not found guilty, really. We have been going through hell for the last 18 months."

After the accident, vehicle inspectors found Mr Hussain's car had a defective anti-lock braking system and its nearside dipped beam was not working.

The trial was told neither defects played a part in the accident, but Mr Hussain was fined £30 for each fault and given three points on his licence for the inoperative ABS. He was also ordered to pay £60 costs.