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No solicitor to prosecute

9th December 1977
Page 23
Page 23, 9th December 1977 — No solicitor to prosecute
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Which of the following most accurately describes the problem?

:HARGES involving the operation of coaches without road service licences and without asurance against Lancashire coach operator Derek Bracewell of Clayton-le-Moors dismissed for id( of prosecution by Darwen Magistrates on December 2 are to be brought again by the North Vestern Traffic Commissioners.

Mr Bracewell of Commerial Garage, Mill Entrance, off Malley Road, pleaded not uilty to five offences of perating without a licence nd five of being without inarance.

The latter allegations were lade because his insurance oes not cover operation at eparate fares.

When the prosecuting solicitor had failed to arrive at the time the case was called the clerk to the magistrates, Neville Dixon, advised them they have the power to dismiss the charges, which they then proceeded to do.

The solicitor concerned, John Backhouse, arrived several minutes later but the magistrates were unable to proceed as Mr Bracewell had already left the court. • Mr Backhouse's late arrival was believed to have been due to confusion over the time the court was to sit. He had been notified it was sitting 15 minutes later than it actually did.

The Commissioners have until January 17 to lay fresh information. (This is possible because the case was not dealt with on its merits by the magistrates.)