An off-duty taxi driver failed to see a drunken man walking in the middle of Oxford's London Road and ran into him, causing fatal injuries, a court heard today.

Mokbul Hussain, 56, of Heather Place, Marston, appeared before city magistrates charged with driving without due care and attention. Hussain denies the charge.

The court was told father-of-one Anthony Oliver, 29, of Marston Road, Oxford, was hit by Hussain's Toyota at about 1am in June 2006, near the Green Road roundabout.

Mr Oliver, a former Cheney School pupil and Marston Saints footballer, died shortly afterwards at the John Radcliffe Hospital.

Liz Tweed, prosecuting, said: "It would seem that Mr Hussain did call the emergency services following the collision. He was later interviewed and agreed that he had a collision with what turned out to be Mr Oliver.

"He said he had not seen anything in the road and thought the collision was that a tree had fallen and smashed his windscreen."

Ms Tweed said accident investigators concluded Hussain was not speeding, no vehicle defects contributed to the crash, and there was no evidence of dangerous driving.

She said Mr Oliver was drunk at the time of the incident and was not wearing any bright coloured clothing.

Ms Tweed said: "However, he was in the road in a residential area, in an area which is well lit and has a bus lane.

"Any person driving on this road should drive with the awareness that the presence of the houses, and the bus lane, mean it is likely that there will be pedestrians, and that they could cross the road at all times of night.

"Those using the road very late at night or in the early morning could well be the worse for drink."

Ms Tweed said the prosecution case was that Hussain should have seen Mr Oliver, and should have been able to take appropriate evasive action, although it might have led to the same result, a collision with Mr Oliver.

She added that Hussain's failure to see Mr Oliver "when really he should have done", showed he was not paying "sufficient care and attention to his driving".

Witness Emma Allen said she saw Mr Oliver step into the road.

She said she was in a taxi at the time and her driver had to swerve around the man.

Witness Tim Lee, who had just visited a kebab shop in London Road, saw Mr Oliver walking in the middle of the road.

He told the court he saw the Toyota hit Mr Oliver shortly after an Oxford Tube bus pulled out to avoid him. Mr Lee then went to Mr Oliver's aid.

The case continues and is expected to conclude tomorrow.