Examiners Criticized: Strange Conduct
Page 29
If you've noticed an error in this article please click here to report it so we can fix it.
r 0 officials of the Ministry of Trans rport were severely criticized last week when they gave evidence against Dent's Transport (Spennymoor), Ltd., Tudhoe Colliery, County Durham, who, with four of their drivers, answered 22 summonses at Spennymoor magistrates' court.
Before the proceedings began, Mr. T. H. Campbell Wardlaw, for the defendants, reminded the bench that they had convicted the company for similar offences on April 26, In the circumstances, he considered that the court could not approach the matter with complete impartiality. He applied for the cases to be heard before another court. After Mr. B. G. Montgomery, for the prosecution, had said he had no objection the application was refused.
Giving evidence in the first case against a driver and the company, Mr. J. Lynn, a traffic examiner of the Yorkshire Area, said that he was carrying out " observations " in Hull in January when he saw a red van belonging to Dent's passing. He made out a check report, which was eventually sent to the Northern Traffic Area.
Asked by Mr. Wardlaw whether he had checked many vehicles on that day, he said he could remember no details at all, except that he had checked that vehicle.
Mr. Wardlaw: "I have a record here which says that the vehicle was in Darlington on that day."
Lynn admitted that he could not see the driver, nor could he recognize the defendant driver in court.
Mr. J. E. Walsh, a Northern Area traffic examiner, said the records showed that the vehicle had been operating locally
on the day in question. The driver stated that he had never been in Hull in the vehicle.
When Mr. Walsh said the company had refused to produce records, which accounted for the delay in bringing the cases, Mr. Wardlaw strongly objected and appealed to the magistrates not to allow the case to continue. "He is making reference to proceedings which are now sub,judice and are before the High Court of Justice," he declared. The whole proceedings were a travesty of justice.
The chairman said they understood the law and would carry out justice. He interrupted Mr. Wardlaw's further questioning regarding the delay by saying that the bench was satisfied.
Threat to Withdraw Mr. Wardlaw: " But I am not satisfied and I am a person to be considered." He added that unless there was a change of attitude he would withdraw from the case, let the matter take its course, and take up the question "elsewhere," At the conclusion of the first case, Mr. Wardlaw said there was a great conflict between the prosecution and defence. He had never before heard evidence such as that given by the prosecution. It was most extraordinary conduct for civil servants. After retiring, the magistrates announced that they found the case proved.
The court then proceeded to hear, one by one, the remaining cases concerning the exceeding of drivers' legal hours, making false records in relation to hours of work, and one case of a vehicle being used without a carrier's licence. On the last charge it was alleged that a vehicle taken off licence because of repairs was operated as well as a vehicle which had been temporarily substituted for it. The cases against the company concerning drivers' hours were dismissed.
Altogether, five cases were dismissed, and in two the company were found not guilty. In respect of the convictions, the company and drivers were fined a total of .£137, and were ordered to pay costs.