IC Simms defended by Tribunal
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• Eastern Area Traffic Commissioner Geoffrey Simms has been strongly defended by the authorities following allegations of improper conduct. An appeal hearing in front of the Transport Tribunal heard
allegations that Simms acted unfairly and lacked impartiality at a public inquiry at which he banned Leicester coach operator Anthony Richardson from holding a PSV licence for three years (0122-28 March).
But Tribunal president Hugh Carlisle QC reacted angrily to suggestions from Jim Duckworth, representing Richardson, that Simms had shown bias at the initial hearing: "The other view Mr Duckworth, is that this has been handled with considerable fairness," he said.
"It is not merely enough for an advocate to assert that there has been bias. It is clear that the Commissioner took every care that the appellant had a chance to reply to every allegation against him."
Duckworth had suggested that the TC had become irritated by the absence of Richardson's transport manager and threatened that his licence would be withdrawn; this showed an ''unreasonable attitude" and his "conduct was unfair". However, Duckworth conceded that his allegations were hagPd on Simms' body language at the public inquiry; something not indicated in the transcripts of the case. Duckworth also alleged Simms was not impartial because he was acting as prosecutor and judge by deciding which witnesses should appear.
However, Timothy Corner, acting for the DoT, sprang to Simms' defence: "The fact that a Commissioner asks the person who he believes will have the relevant information to attend the public inquiry Is not an indication of bias.'
Corner also dismissed the suggestion that the public inquiry system was in breach of the Human Rights Act.
The Tribunal's decision is expected shortly.