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Protect and survive
Page 30
Page 31
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Vasilius Nikolakopoulos, a Greek owner-driver, walked free after being accused of causing the death of 36-year-old Dean Skidmore in February while protecting his truck and load of designer T-shirts.
Skidmore was fatally stabbed on 26 February and died of blood loss.
Warwickshire Police said that three individuals, including Skidmore, called for an ambulance while being driven by a fourth person along the M6 on that night. Skidmore later died in hospital.
Three people have been charged with the raid and are due to appear in court in May.
Head of the Crown Prosecution Service's Complex Casework Unit, David Clark, says: "Following a detailed and careful review of all the evidence submitted to me by Warwickshire Police, I have concluded that there is insufficient evidence to prosecute Mr Nikolakopoulos for any criminal offence."
Acting as vigilantes ln another unrelated case, Scottish long-distance driver Anthony McCrindle escaped jail, despite being caught with a stun gun in his cab for the second time. McCrindle, who was fined MOO at Edinburgh Sheriff Court, claimed he had the gun to protect himself from gangs and illegal immigrants while driving on the Continent.
A unsuccessful plea of self-defence was entered in this particular case.
Despite the fact that the plea failed this time, is it reasonable to ask that a plea of self-defence allows drivers to act as vigilantes? The answer is an emphatic no.
Jonathon Backhouse, a director of transport solicitors Backhouse Jones, says: "It is a very dangerous game to attack someone and rely on self-defence for mitigation. "You could very easily be convicted of murder or manslaughter if the person dies or grievous bodily harm if they live.
"To win a self-defence claim, you have to prove your actions were reasonable and appropriate to the situation. This is difficult to rely on in court. and I would advise anybody to exercise extreme caution before embarking on such an act."
Roland Pelly, the leader of Hertfordshire-based Pellys Solicitors' transport team, insists: -Individuals have the right to take all reasonable steps to defend themselves and their property, but they have no special rights to carry a weapon to defend themselves.
"Their actions must be appropriate to the threat they are under. If. for instance, a driver heard someone fiddling at the back of his truck, armed himself and attacked the perpetrator. that would almost certainly be an unlawful act if that person showed no signs of violence towards the driver."
Steve Roberts. assistant solicitor at Richard Nelson Solicitors, adds: "In the case of Nikolakopoulos, a lot of the self-defence claim probably rested on who the knife belonged to or what it was used for."
Theft is on the rise That said, there is still a great deal of evidence pointing to the fact that theft of and from vehicles is increasing. Alan Soames, field intelligence officer at TruckPol, which logs and co-ordinates police reports of lorry thefts, says: 'There is already evidence that the number of robberies is increasing, and I expect that by the end of the year there will be a significant increase.
-At the moment, we know of three major criminal gangs, one in Merseyside. one in West Yorkshire and one in the West Midlands, which regard truck theft as an easy target and who use the proceeds to finance other criminal acts."
Chrys Rampley, security manager at the Road Haulage Association, says: "Theft recorded by TruckPol in 2007 amounts to £100m in lost vehicles and loads.
"This is a conservative estimate since more than 55% of crime reports known to TruckPol do not specify load value. "In addition, lorry theft can often result in higher insurance premiums and even a possible loss of business.
"Lorry hijacks and violence against drivers are on the increase, with organised criminal networks more than willing to use firearms and stun guns against drivers and warehouse staff." However. Rampley reckons there are still a number of things a driver can do to prevent theft.
She says: "If sleeping or resting in a cab, drivers should keep their doors locked, and if they suspect anything start the engine, turn on the lights, make as much noise as they can, and, if possible, drive off.