Telford man to bill police for wasting his time after traffic case appeal win
A Telford driver who had his traffic conviction overturned after a police officer failed to show up in court today said he was billing the police for £1,200 for wasting his time.
David Bennion appeared at Shrewsbury Crown Court on Friday to appeal against a conviction for failing to obey a solid white line on the road.
Mr Bennion, 42, of Manor Farm Barns, Leebotwood, was convicted at Telford Magistrates Court on April 15. At the appeal, the court heard the prosecution's case rested on a sole witness, Police Constable Moody.
However this officer failed to attend court as he was attending a training day in Worcester.
Mr Bennion said: "This case was the subject of a police complaint last year. The complaint was made as the officer was unsure of the charge at the time. He made two contradictions.
"I wasn't made aware of the case going through magistrates so when I found out I appealed against the conviction. I am appalled the officer did not turn up to the hearing. He wasted my time and I will be sending a bill of £1,200 to the police."
During the court case recorder Tim Raggatt QC criticised the officer, saying: "I am not having police officers decide on whether or not they will come into crown court when they are asked to do so."
Mr Graham Russell, prosecuting, said he had no case without Constable Moody's statement and was given 15 minutes to get in touch with the officer. Following the short break, he said: "Constable Moody remains in Worcester and is unable to get here in the time you have allowed."
Mr Russell asked for the case to be adjourned, but Recorder Raggatt said: "He has disregarded being required to attend the crown court. I am not going to grant an adjournment."
After hearing that the prosecution could offer no evidence without the presence of the policeman, Mr Raggatt said: "We allow your appeal against conviction. I trust that a word will be had with the officer's superior. I haven't heard anything like it for some time."
Superintendent Lee Davenport of West Mercia Police said: "I would like to make it clear that this incident was in no way the fault of the officer in question, who had worked hard to bring this case to court.
"It was down to a rare administrative error which meant that the revised court date was not communicated to him effectively. As a result of this situation we are reviewing our practices."
