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Pallas halts inquiry with refusal to give evidence
Page 20
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Pallas Transport halted a recent public inquiry, claiming it would not
get a fair trial. CM newsdesk investigates the on-going saga.
The saga of Pallas Transport and Montana Freight Services descended further into farce this week at a public inquiry where a licence bid failed with a challenge to a TC's objectivity.
The public inquiry was halted after operator Pallas Transport Ltd refused to give evidence, claiming it would not get a fair trial. It had earlier been unable to produce any proof that it had been exonerated from charges of using red diesel in its trucks.
Regular CM readers will be familiar with the story that has dragged its way through the courts over the past few months, and has pitted the Traffic Commissioners against transport consultancy Trans-Consult, which has questioned the legality of the process (see panel).
The hearing had previously been adjourned to allow Sylvia Pallas, boss of Pallas Transport, to seek legal representation after TC Tom Macartney refused to allow her to be represented by consultants Alec Hayden and Gerald Hamilton (CM 2 September).
The hearing was convened to decide on a bid for a new licence by Pallas Transport Ltd to take over the business of Sylvia Pallas, trading as Pallas Transport, and John McCaffrey, trading as Montana Freight Services.
For the company, Craig Smith said this was an application by a fresh company a new entity. He was instructed that it met all the necessary requirements with a transport manager whose repute was flawless.
Macartney said Pallas's representatives had repeatedly written to say that repute was not an issue as she had been completely exonerated. If that was so, it would be easy to demonstrate it by producing evidence that the £.16,000 penalty and the £10,000 restitution fee had been repaid.
However, Smith revealed that this had not been refunded and the company could not be completely cleared for another six months, pending a Court of Session hearing.
Fair hearing.?
Smith said his client was not prepared to continue with the hearing as she was not convinced she would receive a fair hearing.Asked whether he could give the reasons for that view, Smith replied:"No."Asked whether the company was withdrawing its application, he again replied: "No."
The TC pointed out that if the company was declining to give evidence, he would have difficulty in concluding that it was fit to hold a licence, and it might well be fatal to the application. However, Smith indicated that its position was unchanged.
Macartney refused the application on the grounds that no evidence had been provided of good repute.