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Solicitor's wasted journey costs prosecution £21
Page 30
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• Costs were awarded against the prosecution by Mr Geoffrey Smallwood, the Fenton, Stoke-on-Trent, stipendiary magistrate, this week when a summons against Smith's Devon and Cornwall Services Ltd, Hanley, as the owner of an untaxed articulated lorry was withdrawn.
When the case was called Mr A. V. White, representing the Stoke local taxation officer, said he had only been briefed that morning and was unable to proceed on the evidence as the defendant had not been identified as the owner when visited by the police.
The company was charged with operating a Leyland artic in Fenton on June 1 which had not been taxed since January 31, with a claim for back tax.
Pointing out that he had travelled down from Newcastle upon Tyne for the defence, Mr J. D. Reed asked for costs and Mr Smallwood requested further details.
Mr Arnold Coines said he was managing director of the defendant company which owned no vehicles and had no assets on the relevant date. Since the summons was issued steps had been taken to advise the prosecution that the vehicle did not belong to the company.
Mr Smallwood said it was regrettable that steps had not been taken previously to discover the real owner and that a solicitor had been allowed to make an abortive journey. He awarded £21 costs.
Mr Coints told CM that at the time of the offence he was general manager of W. Smith (Cobridge) Ltd, then in the same group as Smith's Devon and Cornwall Services. The former company had hired the vehicle in question as a chattel from the owner, Mr David W. Smith. When questioned by the police he was simply asked whether he was responsible for the vehicle and answered "yes". The company is now operating a clearing house and is no longer connected with the Smith Group.