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I think a lot of people in his position might have done exactly the same thing - swerve to avoid rather than slam the brakes on. Pretty sure I would have, but then I have a front brake on my track bike so would hope to have avoided lack thereof being my legal undoing.
Also I'm shit at skids so with no front brake I would have been about as quick to stop as that copper on the stopping test.
Of course it's contrived, like elements of his defence would have been.
For me the real sticking point was a lack of a brake. I think it's fair to expect a persons bike is legal.