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Reformed drug smuggler granted restrided licence

10th March 2005, Page 33
10th March 2005
Page 33
Page 33, 10th March 2005 — Reformed drug smuggler granted restrided licence
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Which of the following most accurately describes the problem?

Despite a previous conviction for drug importation, an operator persuades the IC that he will operate within the law.

A COMPANY whose sole director and shareholder was jailed for nine years in December 1992 for conspiracy to import 100kg of cannabis has been granted a new restricted 0-licence.

Wigan-based Wardingham Estates had applied for a licence authorising the operation of two vehicles before North Western Traffic Commissioner Beverley Bell.

For the company, Michael Cunningham said that director and shareholder Sean Stockton had been released on parole in December 1996, the earliest possible release date. Prior to his imprisonment Stockton had run a skip-hire business and had had no problems with the 0licence he then held.

On his release he had started his own skiphire business again, which he had run for six months before selling off the land for development. Since then he had been involved in property development.

Stockton said the company needed the vehicles for a five-year contract that involved the removal of trees and fencing during the refurbishment of council property Admitting that he had operated without a licence for six months after December 1996, Stockton said he had heard that the law had changed and had been unsure if he needed a licence. It was only when he was stopped by the police that he realised he did need one. He agreed that he had not sought any advice. Asked about the circumstances of his conviction, he said he had been operating from a friend's farm. A driver had walked in and offered to bring in 100kg of cannabis and he gave him a telephone contact. He had pleaded not guilty but had been convicted after a trial.

The prosecution had alleged that Stockton had recruited the driver but he denied this, claiming that Customs had sent the driver and that the tractor unit involved had been purchased by Customs. Stockton said that none of the people working for him had been involved.

Cunningham argued that though Stockton was stuck with the conviction for life, that did not mean that he should be prevented from making a living.

Granting the licence, the TC said the fact the application had been made showed that Stockton wanted to comply with the legislation and she was entitled to rely upon the assurances he had given.

However, she warned Stockton about the implications of further unauthorised use or of any further convictions.