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Timesheets win their day in court
Page 11
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HE HIGH COURT has ruled at drivers' timesheets are admisible evidence in cases involving Ileged hours and tachograph ffenees.
It upheld an appeal by VOSA gainst a decision of District adge Morgan in the Isle of Wight lagistrates Court that drivers' mesheets produced to VOSA y George Jenkins Transport 'ere inadmissible. This meant no vidence could be offered against le company and 29 of its drivers ,ho were accused of a number of tcho offences.
For Jenkins, Mark Laprell rgued that a prerequisite of a ocument's admission was that was "concrete, provable evience". He maintained that some f the timesheets might have been )st and therefore the picture was incomplete and unreliable.
However. Mr Justice Mackay decided that the drivers' timesheets were crucial evidence, without which the prosecution had no case. The court was entitled to look at the documents, and they fitted with other paperwork which was admissible and "self-proving" in evidence, he added.
To the extent that they were, or might be, unreliable or open to challenge, the company of all people would be in the best position to do that, the court concluded.
This ruling paves the way for Rochdale magistrates to hear a case involving 60 drivers employed by RF Fielding (Cheshire). It was adjourned in November pending the outcome of the Jenkins case in the High Court and is now listed for hearing at the end of this month.