'Local' owner-driver summons fails
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LEIGH, Lancs, magistrates dismissed a summons against a Liverpool owner-driver, Mr John Seddon of Durley Road, Aintree, last week after a submission that the police, prosecuting, had failed to prove a case.
Evidence had been given that on June 30, Mr Seddon's vehicle was stopped on the East Lancashire Road, Leigh, when carrying a container. When asked for his records he was unable to produce them and said he was not required to keep them as he was at present solely engaged on local work. A record book in the vehicle cab contained no entry since January. It was understood that Mr Seddon had started work at 10 a.m. on that day and had been to the Manchester Containerbase.
Cross-examined, the police witness said the distance between Seddon's base and the Containerbase was 261 miles as measured that morning on a map. He agreed that when stopped the defendant was within 25 miles of his base and there was no evidence to suggest he had been driving for more than four hours. He was unable to produce the map used for the measurements or to show with what precision they were taken.
Submitting there was no case to answer, Mr J. S. Lawton, defending, said it was the duty of the prosecution to prove their case. There was no evidence to show that the defendant had driven for more than four hours. No enquiries had been made as to where his journey started from or as to whether he had, in fact, been to Manchester. The measurements concerning mileage had not been proved and the whole case had been built up on guesswork.
After the summons had been dismissed Mr Lawton asked for costs, pointing out that as an owner-driver the defendant had lost the best part of a day's work and would also have to pay in excess of £30 for legal representation.
The magistrates refused to make an order for costs.