Public to pay the cost of failed prosecution
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• Chesterfield magistrates ordered that the defence costs of Liverpool-based Oil Salvage should be paid out of public funds after the prosecution dropped its case.
The company which trades as Lyster Oils, had denied using a vehicle which lacked a six-year tacho calibration check.
PC Andrew Loring of Derbyshire police said that in February 2000 he had checked an artic belonging to the company at Darley Dale.
PC Loring found that the calibration seal was dated 29 September 1993; it should have been replaced in September 1999. A two-yearly check was carried out in October 1997.
"Had the six year calibration been carried out on time, this would have negated the need for a two-year check," said Loring. In reply to Jonathan Lawton, defending, Loring agreed that he had not made any enquiries to see if the tachograph had in fact been calibrated in September 1999.
Lawton objected to the production of a letter containing a number of admissions by the company and the magis
trates ruled that it was inadmissible. Lawton pointed out that in the absence of any enquiries as to whether the tachograph had
been calibrated, there was no real proof: the only thing that could be said was that there was no sticker on it.
Following a court adjournment the prosecution reported that they could not resist the defence arguments and the magistrates dismissed the charge.