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PostPosted: Wed Jul 15, 2009 15:18 
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October 2004
The defendants argued that they had not passed a speed limit sign and went past a fixed camera usually set at 50 which today was detecting at 30.

They lost at magistrates, Appealed at crown, the case was won on a technicality as the wrong traffic order was used, the camera partnership appealed and won setting a new legal precedent and law.

The remainder of the crown court appeal had not been heard. After many attempts to get this case to court it finnaly got resolved today. However none of the signing evidence was heard.


Day 1. Camera technician testified how she put 2X900 frame films in A DAY. FOI request hc00067/09 shows a peak in last quarter of 2004. http://www.hampshire.police.uk/NR/rdonl ... 006709.pdf

This was because of these 5890 tickets in 2 months. 479 cases are riding on this case.

DAY2 John Hoskins from the echo covering the case … There is a HUGE PROBLEM revealed in court today with every speeding case Hants have ever summonsed!
sent home whilst cps asked to reflect on the situation

To reflect on the days proceedings…. Let’s think through a scenario!
If you issue 1 million nips
there should be 1 million proof of postings signed and dated the day the postie picks them up
if a thousand cases go to court with a nip and a proof of posting. ok

how many proof of postings might there be at the partnership?

A.1 million or B. 1 thousand....
If the answer is B...
when was the proof of postings generated?

at the time of posting or at the time of summons.

It is reported by others that ...
The document produced was generated at the date of summons but was signed with a date the day after the nip was generated. When asked they said "the boss of the partnership told them to it that way.
In the fareham cases a PC told them a sign was defective. The boss of the partnership told them to carry on enforcing.
The boss of the partnership, it is reported has left and returned to South Africa.
Case resumes tomorrow... or folds


DAY 3…. The result

Redbridge cases Won, Judge Ralls ruled that it was an abuse of process to obtain a summons with falsified documents.
The judge expressed there was "no intent by ticket centre employee Mr Emery" (He was under orders by partnership boss Dr Marion Sinclair" who recently left and has moved to South Africa.

The Echo and BBC south were present for the result; I have got a bite from the mirror.
Mr Halliwell will be raising an IPCC complaint to help the remainder of the cases.
Huge parallels with Blackpool http://news.bbc.co.uk/1/hi/england/lanc ... 114498.stm
Costs awarded to the two defendants for Magistrates and Crown court appearances (not high court as separate costs order covered that event)

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Wed Jul 15, 2009 21:08 
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bbc report ................ http://www.youtube.com/watch?v=E_hY8JwlA5w


Quote:
http://www.dailyecho.co.uk/news/4495072.Speed_convictions_quashed_after_paperwork_blunder/
Anti-speed camera campaigners say the hearing could lead to thousands more motorists following their lead fearing they too were the subject of unsafe convictions.

Southampton Crown Court heard how speed camera bosses signed and wrongly backdated a vital certificate proving when Mr Halliwell had been sent a notice of prosecution.

Consultant Barry Culshaw, who has been helping the duo fight the case, has called for an investigation.

He said: "If anyone is concerned about their own case then they should seek legal advice."

Hampshire Police refused to comment on whether the case had damaged the credibility of the speeding prosecution process or whether there had been an internal investigation.

Superintendent Robin Jarman, Head of Hampshire Constabulary's Criminal Justice Department, said different procedures had been put in place since 2006.

He added: "The case revealed a non-deliberate procedural error.

"At present, the constabulary is satisfied that the error does not affect the prosecution process as defined by law."

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Thu Jul 16, 2009 13:42 
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In the Echo today.

http://www.dailyecho.co.uk/news/4495072 ... verturned/

You may particularly like this bit:

Quote:
Southampton Crown Court heard how speed camera bosses signed and wrongly backdated a vital certificate proving when Mr Halliwell had been sent a notice of prosecution.

It was dated October 27, 2004 but it was revealed in court that it had actually been signed in February 2005.

It was sent to magistrates as part of evidence against the 66- year-old ...

So, proof that they will do anything to get convictions.

Quote:
Superintendent Robin Jarman, Head of Hampshire Constabulary's Criminal Justice Department, said different procedures had been put in place since 2006.

He added: "The case revealed a non-deliberate procedural error.


Do you really believe this?

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The views expressed in this post are personal opinions and do not represent the views of Safespeed.


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PostPosted: Thu Jul 16, 2009 15:31 
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Front page
Quote:
FIASCO
Now thousands may have their convictions overturned following landmark court case
By Julian Robinson
THOUSANDS of motorists in Hampshire could get their speed camera convictions quashed following a landmark court hearing.
Two drivers launched a successful legal challenge after it emerged the speeding allegations against them were based on false documents.
Proceedings against Michael Halliwell and Barrington Wells, pictured below, collapsed because of a paperwork blunder.
Speed camera opponents say the hearing could lead to thousands more motorists following their lead. • Full story on page 5.




Page 5
Quote:
Thursday. July 16, 2009
HAMPSHIRE: Speeding Cases dropped after prosecution admits documents were backdated
fines victory -
is YOUR conviction safe?
By Julian Robinson
Julian.robmson@dailyecho.co.uK For up-to-the-minute news and information - dailyecho.co.uk

THOUSANDS of Hampshire motorists may have their speed camera convictions quashed following a landmark court hearing.
Two Hampshire motorists have had their convictions overturned after it emerged the allegations against them were based on false documents.
Proceedings against Barrington Wells and Michael Halliwell collapsed because of a paperwork blunder.
Speed camera opponents say the hearing could lead to thousands more motorists following their lead fearing they too were the subject of unsafe convictions.

Southampton Crown Court heard how speed camera bosses signed and wrongly backdated a vital certificate proving when Mr Halliwell had been sent a notice of prosecution. It was dated October 27, 2004 but it was revealed in court that it had actually been signed in February 2005.
It was sent to magistrates as part of evidence against the 66-year-old, but yesterday cases against both men were dropped after prosecution lawyers admitted the document, sent from Winchester central ticket office, was false.

Prosecutor Michael Forster said: "The Crown has decided to offer no further evidence because the whole of the prosecution has been based on documents that are false and that is not a thing that should properly happen."
Mr Wells. 65, of Waterloo Road. Southampton, and Mr Halliwell of Newlands Manor, Evertpn, have spent five years fighting their convictions after a district judge found them guilty of exceeding the temporary 30mph limit through roadworks on the A35 Redbridge Road.
They were both caught on camera, recorded driving at 38mph and 43mph respectively but fought the fines on the basis there were no signs warning of the temporary speed limit.
Consultant and Inpendent witness Richard Bentley said: "It would appear many thousands of drivers were taken to court and those prosecutions were based on the same documents that the Crown admitted were false. Clearly many thousands of motorists may well be able to have their convictions quashed and points removed."

Another consultant Barry Culshaw, who has helped the duo fight the case, said nearly 500 people contested prosecutions after being caught at Redbridge in 2004. He has called for an investigation saying: "If it happened in Mr Halliwell's case - and there was a reasonable inference that it happened in Mr Wells' case - surely the suspicion is that it will relate to everyone who ended up in court? The implication to me is that it was systemic and an investigation needs to be carried out to establish the scale of the problem. If anyone is concerned about their own case they should seek legal advice."
Hampshire Constabulary refused to say whether the case damaged the credibility of the speeding prosecution process or if there was an investigation. Supt Robin Jarman, head of the force's criminal justice department, said different procedures had been used since 2006. He added: "The case revealed a non-deliberate procedural error. At present the constabulary is satisfied that the error does not affect the prosecution process as defined by law."

Who is affected by the case?
It could apply to anybody who went to court over a speeding ticket issued n Hampshire around 2004 and 2005.
should you do if you think you are affected?
• Act quickly.
• Preferably seek legal advice, but apply to magistrates to reopen on 'interest of justice' grounds.
• If that doesnt work, those who originally pleaded not guilty but were found guilty may be eligible for a special hearing at crown court.
• Keep an eye out for any police announcements about the issue.
COURT BATTLE: Michael Halliwell, left, and Barrington Wells were fined for speeding or the A35 Redbridge Road in Southampton.
Echo picture by Matt Watson. Order no: 8888!

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Fri Jul 17, 2009 18:03 
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It was sent to magistrates as part of evidence against the 66-year-old, but yesterday cases against both men were dropped after prosecution lawyers admitted the document, sent from Winchester central ticket office, was false.


So when are the Hampshire Constabulary going to be taken to court for perjury? :roll:

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PostPosted: Sat Jul 18, 2009 08:58 
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Part of the answer to your questions can be found in the report:

Quote:
Supt Robin Jarman, head of the force's criminal justice department, said different procedures had been used since 2006. He added:"The case revealed a non-deliberate procedural error. At present the constabulary is satisfied that the error does not affect the prosecution process as defined by law."

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PostPosted: Sat Jul 18, 2009 12:59 
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As this case has shown that it was the normal practice to backdate documents in order to secure prosecutions, there is a good case for anyone else prosecuted around that time having their case re-opened and thrown out. In this case, the prosecution decided to submit no further evidence (and concede the case). Maybe they did not want cross examination of other witnesses to uncover further evidence of false documents.
If the law were based on common sense (rather than the letter of the law), then the case would also have been dismissed as there was no element of driving at a dangerous speed. Not only was there no adequate signage, but there was no justification for reducing the speed limit at the camera location (other than to generate revenue!). Questions were also raised about the traffic orders in effect at the time (As it has been shown that we can not believe dates for signatures, who knows when these were really generated!)


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PostPosted: Sat Jul 18, 2009 14:07 
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:welcome: Barrie.
I am sure we have met before.
Whilst I am pleased with your result, the problem is how to get the rest (477) concluded together rather than picked off one by one.

One point that has not been exploited is that they took two people in their sixties through five years of court cases on their falsified paperwork over signs that were not there.

I am trying to work out the best tactic for putting pressure on the partnership over both the signage cases and the falsifying cases. I was thinking of writing a letter to the chief constable complaining about their press spin over the last few days. And also to My MP (Sandra Gidley). You could write to Alan Whitehead and Michael Halliwell has been in contact with his Lymington MP.

I have already complained to the partnership about their signing of sites and I could escalate that to the Chief Executive of the partnership and then the Ombudsman (It has to be done as a three stage complaint + you need to be affected by the defect/issue)

To escalate your complaint about falsifying documents you might need to do the same to the CPS and the camera partnership.

What I would like to see but can't quite work out how to achieve is an audit of the number of nips stored each year and an audit of the number of statements of postage issued.

If there is any thing I can help with, please contact me. Note there is a private message system just click on my user name. Idris Francis is also very interested in this case. He has a vast e-mail circulation system with many press contacts. Idris took his case to Europe.

I don’t think the mirror or telegraph will print a story without a new angle if they haven’t yet. BBC inside-out might follow up on a case like this.
Anton (Tony Seaton)

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Thu Oct 29, 2009 14:12 
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I have just got back from a very short hearing at Southampton magistraites court. 4 cases were heard but I missed the names because we were not called in till half way through. the prevvious cases were closed to the public and had a video link.

There was no evidence offered by the cps. 4 drivers were found not guilty. The court made it very clear that these cases were droped because the summonses were obtained using falsified documents. Not because the road sinage was inadiquate 5 years ago in 2004. The cps were specicicly asked where the rest of the linked cases were they stated that they could not identify them. One lady (60's) was a totter. If found guilty today even though she has a clean licence today would have been banned for 6 months becase at the date of alleged offence she would have aquired 12 points.

Justice has not been done. People who were innocent have been persuaded to plead guilty to make it go away, The signage appeals have been swept under the carpet. It is an absolute scandle.

Even worse, the same sinage errors are present at the same site today and no one cares. All we have achieved is scareing them off filling the camera twice a day with film.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Thu Oct 29, 2009 18:35 
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:welcome: BarrieSoton rather late though !

Sent out PR625 in response to this travesty of justice.

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PostPosted: Wed Nov 11, 2009 17:57 
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What police and justice we have to endure today. The whole rotten system and policing wants overhauling and any dubious situations require that those responsible are charged. This reflects that Northants are not on their own at underhanded dealings and will do anything to gain their required prosecution figures at the expense of the driver. A total bl---y disgrace to the uniform they wear. "We are lions led by donkeys" as the saying goes and what donkeys they are, but its all in the name of road safety they claim. OLLIE


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PostPosted: Thu Nov 12, 2009 00:39 
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Yep a total disgrace. Considering they should be totally impartial and that they should seek all the very best solutions, not treat the road users as a duck shoot and act as nothing more than Highway Robbers.
The problem is that it is worse far worse, as the effects of what they are doing, ensures that the situation becomes worse and worse, almost self perpetuating one might say even. :(
The desire that road users have to over-rely on gadgets, to observe a specific speed, whether safe or not, is sadly becoming, too common and less important, than ones eyesight and forethought, that will ensure a road users safety on all roads in all conditions.

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