Milton Keynes magistrates have cleared Kehoe Contractors and one of
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ils drivers of an overloading offence; they ordered that the defence costs should be paid out of public funds.
The company and driver Thomas Clarke had pleaded not guilty to exceeding the permitted weight on the second axle of a vehicle driven by Clarke, on the grounds that he was proceeding to the nearest weighbridge to check it.
Seeking an adjournment, Caroline Emmett, prosecuting for the Vehicle Inspectorate, sad she had been told that the case had only been listed for a pre-trial review and she was not in a position to proceed.
Opposing that request, Chris Butterfield, defending, said that when the case first came before the court in May a VI representative had agreed the trial date, and one-and-a-half hours of the court's time had been asked for and agreed. At the request of the magistrates in May he had Indicated the nature of the defence case to the VI. The defence had witnesses in court and was ready to proceed to trial. It would be unfair on the defendants for them to incur further time and cost penalties by coming back at a later date.
The magistrates refused to grant an adjournment and the charges were dismissed after Emmett said she could offer no evidence against the defendants.