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A West Bromwich magistrate caused a stir in court by

11th March 1999, Page 10
11th March 1999
Page 10
Page 10, 11th March 1999 — A West Bromwich magistrate caused a stir in court by
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Keywords : Law / Crime

revealing he had personally witnessed details of a wheel-loss case before him.

Magistrate John Ward was hearing a case of Preston haulage firm Cowburn Brothers and the firm's driver, Kevin Newton, who had each admitted a charge of using a vehicle involving a danger of injury.

The court heard that Newton was driving the truck on the southbound lane near the M6-M5 interchange at Wednesbury. West Midlands at 22:30hrs on 15 October 1998 when its twin rear nearside wheels came loose and flew off.

Newton managed to keep the artic under control and there was no damage or injuries.

Ward told the court he had been driving near the lorry at the time and saw what happened.

Ward and Michael Carless, defending, then discussed the fact that the two wheels did not have right-hand and lefthand threads. The police were unable to give an explanation for the wheels coming off following an intensive investigation," said Carless.

"Cowburn Brothers has a good record and keeps its 14 lorries well maintained," he added. "Shortly before the driver started his journey the axle wheels in question were thoroughly checked. There has been no evidence of neglect.

This is not the first case I have been involved in regarding wheels coming off lorries and it is becoming a problem in the haulage business," Carless told the court. "But Cowburn Brothers has never been involved in anything like this before."

Ward had declared an interest in the Cowburn case before revealing what he had to say.

Carless said later: "For the magistrate to have been at the scene was a remarkable coincidence."

The firm and Newton were given absolute discharges and ordered to pay £30 costs each.

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Locations: Preston

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