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Trial plea is refused

2nd April 1992, Page 8
2nd April 1992
Page 8
Page 8, 2nd April 1992 — Trial plea is refused
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Which of the following most accurately describes the problem?

• Magistrates have refused to postpone trials of 33 employees of Sheffield haulier Newell and Wright, accused of breaking tachograph and drivers hours laws, until two of the firm's owners and seven colleagues have been tried at Crown Court. They also ruled that the drivers be tried separately.

The Sheffield magistrates have already decided to send the seven drivers — together with Francis Newell and Paul Wright, who face charges of aiding and abetting — for -trial by judge and jury on the grounds that the charges are so serious.

The 33 have denied a total of 223 offences. Lawyer Stephen Kirkbright asked for the trials to be heard together after the Crown Court trial because the charges against all 40 drivers arose out of the same police investigation. Evidence included computer records, video recordings and surveillance records, and some of this would be challenged. It would be better if a Crown Court ruled on its admissibility, said Kirkbright.

Prosecuting, Heather Smith argued that the cases were now almost a year old and should proceed to trial. The drivers could be dealt with individually because the charts had allegedly been falsified in a different way in each case. Magistrates adjourned the cases until May when trial dates will be fixed. Kirkbright said the defence would consider appealing against the magistates' decision.


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