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Thursday, 2nd September 2010

Top jockey cleared of speeding charge

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Published Date:
01 May 2008
SIX-TIMES champion jockey Kieren Fallon was cleared of a speeding offence on a technicality by a lawyer who dubs himself "the motorists' friend".
Manchester-based Warren Bergson, who cannot drive, argued that Fallon, who is currently banned from race riding, had no case to answer because Cambridgeshire Police's speeding tickets records system could not be relied on and was not infallible.

Forty-three-year-old Fallon looked relaxed and was smiling as he sat beside his lawyer throughout the two-hour hearing at Ely Magistrates' Court.

He was accused of failing to tell police who was driving his BMW when it was caught on a speed camera in May last year travelling at 40 mph on Milton Road in Cambridge, where the limit is 30mph.

After the hearing, Fallon, who is now working as a work rider for Newmarket trainer Sir Michael Stoute, said he was delighted with the outcome and with the work done by his lawyer.

Magistrate Kathy Bradney said: "We have decided that in this particular case we are not satisfied with the reliability of the Cambridge ticket office records because there have been shown to be some discrepancies. Therefore, we find there is no case to answer."

Mr Bergson said after the hearing that he doubted whether the magistrates' ruling would establish a general principle.

"The decison was specific to this case," he said. "I showed in court that there were mistakes in the police's record keeping – dates were wrong and so on."

Prosecuting Katie Tyndall, who offered no evidence on the speeding charge, told the court that Fallon had failed to tell police within the required period who was driving his car when it triggered the speed camera.

Mr Bergson argued that the ticket office's record keeping system was fallible and no-one could be sure that Fallon had not replied within the required time frame.

He outlined mistakes in the documentation of the case, including a wrong date and a reference to a form being attached when there was no attachment.

"I want to challenge the culture of relying totally on computers," he told the court and he argued that the prosecution should provide expert evidence relating to the reliability of its record keeping prior to every speeding case.

Outside the court, Mr Bergson said: "I do think the Crown should be expected to produce an authoritative witness to say their system is reliable. You cannot take people's licences away based on unreliable evidence."

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  • Last Updated: 30 April 2008 3:33 PM
  • Source: Newmarket Journal
  • Location: Newmarket
 
 
 


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