Second chance for convicted hauliers
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by Karen Miles • Hauliers convicted for their involvement in traffic accidents may be able to seek a fresh trial if they defended themselves using a controversial road traffic accident consultant who has since died.
The death earlier this month of David Hill Anderson, of Monifieth in Tayside, came as he was about to stand trial on a perjury charge.
Anderson was charged with haying been sworn in last autumn as a witness at Perth Sheriff Court and falsely telling the court he was the holder of a City and Guilds of London Institute Certificate in Accident Investigation which he had obtained in 1993.
Although Anderson was not convicted of perjury, lawyers are arguing there is a possibility that some criminal cases where Anderson was employed as a consultant could he re-opened.
In 1991 Anderson left Tayside police, where he had spent most of his time as a traffic officer, to become a freelance accident investigator. From then on he did not work with the police prosecuting team but on road traffic criminal defence work.
In Scotland, an appeal on a conviction may be allowed if the accused can show there is fresh evidence that a miscarriage of justice took place because their own defence was poor.
Colin McNab, a partner at Scottish Borders solicitors Andrew Haddon & Crowe, says: "The situation is extremely complicated but it may be there could be a need to review some cases."