It's bizarre that they were unable to establish this as it is crucial to the case. It certainly looks like an ordinary pavement in the photo. It doesn't look wide enough to be safely shared by cyclists and pedestrians
Some shared paths are very narrow. Look at canal towpaths, for example. But pavements by the sides of roads as well - they have shared use signs, but they are not very wide.
But even if the cyclist was breaking the law, they didn't deserve to die and the pedestrian went too far. That said, it appears that the pedestrian has a disability so I'd be surprised if they got more than a suspended sentence.
I am sure if a MNer parked on the pavement and I deliberately scratched their car as I pushed my buggy past, they would expect me to be prosecuted for criminal damage, even though they had initially broken the law by driving onto the pavement.