Scottish law denies costs
Page 17
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BECAUSE, under Scottish law, magistrates have no power to award costs to a defendant, Manchester haulier Andrews & Bond Ltd is facing a heavy penalty in the cost of defending a case which the prosecution withdrew, before Stranraer magistrates. The company had been charged with operating a vehicle with a dangerous load, by reason of weight distribution. The load had moved when the driver of the refrigerated van concerned, John Davis, had had to brake severely in Dumfries, to avoid an accident.
The vehicle was later check-weighed and it was found that the weight on the front axle was above the permitted limit, although within the manufacturer's plated weight.
The prosecution elected to charge the company with the more serious offence of a "dangerous" load rather than the axle-overload offence. The defence contention was that if the design weight had not been exceeded, then it was impossible for danger to have been caused.
After evidence from a police witness that he could not say specifically how danger could have been caused, other than to say that the roads in the area were not designed for vehicles of that weight, the Procurator Fiscal withdrew the charge.
Disgusted
A director of the company, Stephen Bond, told CM afterwards that he was more than a little disgusted. Although the RHA solicitor in Manchester, John Backhouse, had asked the solicitors dealing with the case in Stranraer to apply for costs, he had been told it was impossible under Scottish law.
Mr Bond commented that it did not seem fair, particularly when the defence had asked the prosecution to withdraw before the hearing, on the grounds there was no case to answer. Apart from legal fees, the company was also faced with the cost of both himself and the driver travelling to Stranraer to give evidence.
He belived the authorities in the area were conducting a "purge" against road hauliers.