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Industry split over EU plans
Page 8
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to put absent drivers on trial
by Roanna Amon BRITISH TRUCK drivers who fall foul of the laws across the European Union could be tried in their absence in other EU countries and extradited if they are found guilty.
Under proposals agreed in principle by the European Parliament, drivers could be extradited automatically at the request of another EU country.
The proposal has been met with a mixed response in the UK, with many feeling that people should be present at their own trial, rather than being extradited to face a retrial or an appeal.
Geoff Dossetter, director of external affairs at the Freight Transport Association (FTA), says that while some areas of the proposal are positive, others are not. "We have seen numerous occasions where the UK authorities have struggled to get foreign nationals back to the UK for court cases," he says. "On the other hand. there have been cases were drivers have returned for court cases in other countries, and they're locked up and the keys thrown away."
Dossetter adds there has to be a balance. "Something needs to change, because I don't think it is working properly at the moment" Amanda Cumberland, head of research and campaigns at Fair Trials International (Fri), says that while EU law allows trials with drivers absent, the big change is the ability to extradite someone who has been found guilty. "It removes the discretion of EU members to choose to extradite someone. It will be automatic."
Cumberland adds FTI has concerns about the standards and procedural safeguards, because they are not consistent across the EU. "Allowing extradition after a trial in a driver's absense poses certain risks. Will people have the right to a retrial or an appeal?"
Jackie Warby, whose husband Stephen died when the truck he was driving was involved in a head-on collision with a Dutch truck, raised further concerns about the proposals. "The Dutch driver involved in my husband's crash was not even required to attend the inquest. I suggest people should be extradited to stand trial and answer the questions.
"That would make more sense than extraditing them after they've been tried," she adds.
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