willofgod
05-07-2006, 10:30 PM
This landed in my inbox today and caught my eye, thought others might find it interesting:
PR331: Chaos in Cleveland
news: for immediate release
At Teeside Crown Court this morning, His Honour Judge Bowers acquitted Dr William Dehany on appeal against speeding conviction. A critical defect in the prosecution case was that the 'section 172' request (notice to owner requiring
him to identify the driver at the time of the alleged offence) could not be determined to have been issued on behalf of the Chief Constable. This is a fatal defect that renders prosecution impossible.
Evidence was given that the same form has been in use since 2000.
Paul Smith, founder of the Safe Speed road safety campaign ([Only registered and activated users can see links]) said: "Defects in prosecution cases are far too commonplace. All those convicted in Cleveland since 2000 on the basis of faulty procedure should now apply to have their fines refunded, licence points removed, and in many cases to be compensated for consequential losses."
"The knock on effects are massive and will cost countless millions."
"As the authorities are enforcing technical regulations against the motorist, motorists are fighting back and enforcing technical regulations against the authorities. In this insane war of technical regulations, road safety has been forgotten."
Richard Bentley, an expert witness in the case said: "This is one part of a symphony of errors present in Cleveland enforcement. The Judge has ruled correctly on a critical defect that has implications running into tens of millions of pounds."
Dr Dehany said: "I did it for the common man and for justice for motorists everywhere."
[Only registered and activated users can see links]
PR331: Chaos in Cleveland
news: for immediate release
At Teeside Crown Court this morning, His Honour Judge Bowers acquitted Dr William Dehany on appeal against speeding conviction. A critical defect in the prosecution case was that the 'section 172' request (notice to owner requiring
him to identify the driver at the time of the alleged offence) could not be determined to have been issued on behalf of the Chief Constable. This is a fatal defect that renders prosecution impossible.
Evidence was given that the same form has been in use since 2000.
Paul Smith, founder of the Safe Speed road safety campaign ([Only registered and activated users can see links]) said: "Defects in prosecution cases are far too commonplace. All those convicted in Cleveland since 2000 on the basis of faulty procedure should now apply to have their fines refunded, licence points removed, and in many cases to be compensated for consequential losses."
"The knock on effects are massive and will cost countless millions."
"As the authorities are enforcing technical regulations against the motorist, motorists are fighting back and enforcing technical regulations against the authorities. In this insane war of technical regulations, road safety has been forgotten."
Richard Bentley, an expert witness in the case said: "This is one part of a symphony of errors present in Cleveland enforcement. The Judge has ruled correctly on a critical defect that has implications running into tens of millions of pounds."
Dr Dehany said: "I did it for the common man and for justice for motorists everywhere."
[Only registered and activated users can see links]