A driver who had no insurance and only a Ghanaian driving licence when she hit and killed a cyclist has avoided jail.

Staines magistrates cleared Denise Williams-Yelbert, 32, of careless driving after the prosecution failed to prove that a tyre mark in the hard shoulder belonged to Ian Ward, 37, from Chessington, who was hit as he cycled along the A309 Kingston bypass at Hinchley Wood.

Without such proof, magistrates decided it was not certain Williams-Yelbert had veered into the hard shoulder when the accident happened at 8am on May 6 last year.

Chairman of the bench, Mr Mitchell, said: "This has clearly been a highly charged and emotional two days for all of you. Having considered all the evidence, the prosecution has left us with reasonable doubt as to what happened that day. We believe this was a tragic accident."

Williams-Yelbert, a carer, of Keynsham Road, Morden, remained silent throughout the inquest into Mr Ward's death earlier this year but denied in court that she had fallen asleep at the wheel, saying Mr Ward swerved into her lane and she had not crossed into the hard shoulder area.

She said: "I'm very sure I wasn't asleep. The impact took place in my lane."

She pleaded guilty to driving otherwise than in accordance with a licence after admitting she only had a Ghanaian driving licence and no insurance.

The court heard that she had 23 lessons in the UK after applying for a provisional licence in June 2004 but had not passed a test. She was fined £400 and ordered to pay £365 costs and got six penalty points.

About a dozen members of the Ward family were in court to hear the verdict. Several of them left, clearly distressed, when the verdict was read.

Mr Ward's father Stanley said: "To me it was a gross misjustice. I can't understand how a person with a provisional licence could not be a danger on the road."

When asked what his life had been like since Ian's death, he said: "It is hard to explain. I found myself crying: it's hard to explain, he's my son."

The court heard evidence from PC Andrew Silk, a Surrey Police collision investigation officer who attended the scene and prepared an accident report.

Giving evidence for the Crown, he described to the court the extent of the damage to Mr Ward's cycle.

"There was severe trauma caused to the wheel and the impact was sufficient to smash the rear brake disc," he said.

PC Silk confirmed that he believed a tyre mark found in the hard shoulder, was from Mr Ward's cycle.

He said: "I was satisfied at the scene, using my experience, that it was caused by the bike."

However, under cross examination from Andrew Morris, defending, PC Silk admitted there was no test to prove the tyre mark was caused by Mr Ward's bike.

He said: "There are no physical tests that one could carry out that would forensically prove the tyre mark matched Mr Ward's pedal cycle."

Similarly, Mr Partridge, an expect acting for the defence, was asked by Mr Morris: "Can you tell the court where the point of impact was."

Mr Partridge replied no.