13/11/2006
Speed Camera Case Fails
PRESS INFORMATION
SPEED CAMERA CASE FAILS
Jonathan Wellington, partner at Watkins & Gunn solicitors, comments on a recent controversial speed camera case.
A motorist has failed in his defence before Devizes Magistrates about allegations of speeding following his detection by a speed camera operated by a civilian employed by the police in that area. The driver, Richard Hussey, was caught on film by a mobile camera whilst he was driving at 48 mph on the A361 at Southwick near Trowbridge on July 8th last year. The camera was operated by Peter Cowdrey, a civilian police camera operator.
Mr Hussey mounted a defence to the action contending that the offence was not made out as the camera was operated by a civilian police worker and that therefore that civilian’s evidence was not admissible in court. The basis for that was that it was alleged by Mr Hussey that only a warrant holding police officer was legally able to form an opinion as to whether a motorist was speeding before sighting the speed camera on his vehicle.
The law requires that there should be corroboration in terms of the alleged excess speed. In reality this means the operator forming an opinion that the vehicle is speeding and the corroboration is then provided by the equipment read out.
The outcome of the case was that the magistrates decided that there was no requirement that the power to form the initial opinion regarding speed, and then to provide corroboration by operating the camera, needed to be reserved to police officers alone.
The defendant, Mr Hussey, was fined and penalty points imposed.
The decision of these magistrates is not necessarily binding upon other magistrates’ courts however it is likely that other magistrates would follow the same reasoning. Mr Hussey has however appealed.
If the appeal were to be successful then there could be major implications for speed camera partnerships as many speed camera partnerships employ civilians to operate the equipment. If the appeal were to be successful then this could result in many motorists seeking to reclaim fines and costs and have points removed from their licences. His appeal will be awaited with interest!
Jonathan Wellington is a partner at Watkins & Gunn solicitors at their Newbridge office, tel: 01495-248948.
Ends. Watkins & Gunn 13
13 November 2006
Further information is available from Jonathan Wellington, Watkins and Gunn, telephone 01495 248948 email: pi.dept@watkinsandgunn.co.uk or Nick Brooks of Vantage PR on 01600 715251, email: pr@vantage.uk.com or fax 01600 715254.
Issued on behalf of Watkins & Gunn, Solicitors, Glantorfaen House, Hanbury Road, Pontypool, Torfaen, NP4 6XY, www.watkinsandgunn.co.uk by Vantage PR, 14 White Swan Court, Monmouth, Monmouthshire, NP25 3NY, www.vantage.uk.com
CAPTION:
Jonathan Wellington, partner at Watkins & Gunn, Solicitors.
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