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Wrong date for defence

29th June 1995, Page 18
29th June 1995
Page 18
Page 18, 29th June 1995 — Wrong date for defence
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Which of the following most accurately describes the problem?

• Carlisle magistrates reluctantly adjourned a case against Cumbrian haulier William Armstrong (Longtown) and 19 of its drivers because defence solicitors had got the date of the hearing wrong.

The drivers face more than 50 charges, including the falsification of tachograph records, driving excessive hours, and taking insufficient rest. The company is accused of permitting the hours and rest offences.

The company, its drivers and the defence solicitor were all absent from court. Representing the firm of defence solicitors, Geoffrey Clapp said he had made enquiries and William McKenna, the solicitor defending the company and drivers, had made an error over the date of the case. He was in a meeting and unable to get to court.

Michael Fisher, prosecuting for the DOT, said he was not at all happy about the adjournment. The case was first listed before the magistrates in May and was adjourned until 8 June at the request of the defence. Fisher said he had written to all the defendants, and also to McKenna, confirming that the case was to be dealt with on 8 June. The traffic examiner involved in the investigation was present in case he was required to assist the court.

Fisher said he was not at all happy about the way the matter had been handled. He would be asking that the defence solicitors be ordered to pay the extra costs incurred by the DOT because of the further adjournment.

Adjourning the proceedings for a fortnight, the magistrates echoed Fisher's displeasure.


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