Yes, he might stop safely instead of trying to weave around the phone user.
The errors of others are not an excuse for your own lack of attention.
I didn't have to 'weave' around him, and I was paying attention. I saw him, I saw he wasn't about to look my way or indeed the other way before stepping out. My choices? Either stop entirely which I could have done safely, or carry on at the same speed and still miss him comfortably. I chose the latter as it was safe and I could keep my momentum up.
From the cops view 20-30 yards away and from a different angle, it must've looked a bit iffy. The fact that I was naughtily riding the wrong way down the (traffic free) road made it a more 'pullable' offence. I tend to ride on the pedestrianised part, but if there's a lot of people around and the road is completely clear of cars I used the road even though it's a 1 way against me.