mega link
Lawyer exploits flaws in speed gun rules
Aug 10 2006
Paul Carey, Western Mail
A WELSH driver has exploited an extraordinary loophole in the law to escape a driving conviction in a court case that could affect thousands of speeding motorists.
John Hughes was allegedly clocked at 87mph while driving a Help the Aged van. But he drafted in top motoring law expert Philip Somarakis to fight his case.
Mr Somarakis spotted that the traffic policeman failed to check his speed gun's accuracy at the end of the day, and Mr Hughes was able to walk free. The judge called the oversight "an extremely simple thing but absolutely necessary".
The defence solicitor claimed that "the integrity of the police force is at stake".
The incident happened in the North Wales Police force area, where Chief Constable Richard Brunstrom has become nationally known for his hardline stance against motoring offences.
One motoring organisation warned last night that the war on speed had moved away from safety, and that a technical failure such as this would only embolden more motorists to challenge police evidence.
Mr Hughes was stopped on March 1 last year on the A55 dual carriageway at Pont Dafydd, near St Asaph, while driving a van with a legal limit of 60mph.
PC Gary Threlfall said he noticed the van overtaking vehicles at an excessive speed and his laser gun showed it was doing 87mph while some 204 metres away from him.
Mr Hughes was followed by the officer and when he was stopped, the van driver, of Water Street, Caerwys, did not deny the offence.
"He just pleaded with me to let him off because he had nine penalty points on his licence," said PC Threlfall.
Cross-examined by defence solicitor Philip Somarakis, who specialises in motoring law, the officer explained that before taking the radar device out that morning he had checked it outside St Asaph police station over 80 metres. The distance had been measured by officers of the collision investigation unit at a place which was used to check all the devices.
But he accepted that he had not complied with the Association of Chief Police Officers' code of practice for the use of such devices by not having it checked at the end of his shift.
"How, therefore, do you know that a device has not gone out of alignment during the day?" asked Mr Somarakis.
The solicitor told the court that the code of practice also called for officers to note the presence of other vehicles in the vicinity at the time the speed check was being carried out.
"I am not aware of that, and it would be impractical to do that," replied PC Threlfall.
At the time of the offence, Acpo's lead officer for road traffic matters was Mr Brunstrom.
Mr Somarakis said, "The officer's evidence is not reliable because he has not followed the code of practice, and clearly the integrity of the police force is at stake."
District Judge Andrew Shaw accepted a submission at Prestatyn magistrates court that there was no case to answer. Dismissing the charge, Mr Shaw said he upheld the submission "with a degree of regret".
He added, "It needs to be proven that the distance used for the calibration check is exactly 80 metres. It is an extremely simple thing but absolutely necessary."
After the hearing Mr Jones, 52, said, "I knew there were some discrepancies in the police evidence, but I must admit I didn't expect them to have made such a basic error."
Mr Somarakis, of Oxford, said he expected the police to ensure that in future prosecutions the evidence of accuracy was produced.
If the submission had failed the defence was planning to call Dr Michael Clarke, one of the country's leading authorities on speed cameras.
Last night Paul Smith, founder of the Safe Speed Campaign which opposes over-reliance on speed cameras, said police technicality was forcing more motorists to challenge cases.
"It was a technical error on behalf of the police," he said. "They are busy enforcing technical offences and they've made an error themselves.
"More and more people are prepared to stand up and fight, and it's having very severe consequences on our courts, which is why many cases are being quietly dropped.
"When someone like this gets off, 100 more people will be encouraged to try the same, and all the while road safety is being forgotten."
Mr Smith argued that increasing resources given to enforcement through speed cameras meant that other safety initiatives were losing out, and road traffic casualties were rising as a consequence.
"Figures should be falling because of improved car quality, the engineering out of dangerous junctions, and better post-accident health care. Speed cameras are mostly to blame for that not happening."
Login
Register
FAQ
Search
Members
