Tribunal remits Section 69 case to LA
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• The Transport Tribunal, in a written decision, has ordered that the case of P. G. and J. M. Gerrish in which their licence was revoked and an application refused, be remitted to the Western LA for rehearing.
The LA's decision was made after the company had been convicted of using rebated fuel and receiving a total of 11 GV9s within a twelve-month period. At the company's appeal (CM November 17) it was submitted that the LA did not have before him all the relevant inspection records because the company did not think these would be required. Mr P. G. Gerrish, who represented the company at the hearing, did not ask for an adjournment but the Tribunal took the view that had an adjournment been requested to allow the presentation of the necessary records, then this would have been granted by the LA.
The Tribunal stressed that while not underrating the convenience of the LAs this must take second place to the interests of justice. The Tribunal further emphasized that it was expressing no view as to the weight which should be given when the additional material is considered and neither was the conduct of the proceedings by the LA being in any way criticized.
The decision is concluded by the view that any tribunal is entitled to rely on some degree of competence from those who appear before it and those who fail to exhibit that degree of competence cannot complain if it leads to their receiving less than perfect justice. However, states the Tribunal, it would be unduly harsh to tell a layman that his incompetence as an advocate must lead to a denial of his right to have his case fully considered.