Judge clears speeding top golfer on appeal
Discussion
http://www.newsandstar.co.uk/home/ryder-cup-captai...
Yet another infallible belief of his shot down!
News and Star said:
Ryder Cup captain Colin Montogomerie wins Carlisle speeding appeal
Published at 12:55, Tuesday, 15 June 2010
Golfer Colin Montgomerie won his appeal against a speeding conviction after a court ruled that the evidence against him was unreliable.
But Judge Peter Hughes QC, who sat in judgement on the case with two magistrates at Carlisle Crown Court, said it would be wrong for people to conclude that there is one law for the rich and another for everybody else.
His comment came after several court hearings in which the golfer, advised by celebrity lawyer Nick Freeman, challenged the conviction.
Mr Montgomerie was convicted of driving his BMW at 37 mph in a 30 mph zone on the A69 at Corby Hill, near Carlisle, last November.
The three points added to his licence brought his total to 12, which in turn earned him a six month ban under the toting up procedure.
He was also fined £850 with costs of £4,000.
Giving the result of the appeal today, judge Hughes said: “We have reached this decision with a degree of reluctance. The maintenance of public confidence in the reliability of the evidence used to support allegations of speeding is of vital importance.
“Few have the financial resources to mount a challenge to the evidence. Any perception that there is one law for those with the ability to dispute the evidence and another for everybody else would be wrong.”
The judge went on to say that the prosecution in the case had failed to establish to the court’s satisfaction that the reading taken by the police speed gun was accurate.
Neither Montgomerie, Nick Freeman, nor the golfer’s QC Peter Lodden were in court to hear the judgement.
In an earlier hearing, Mr Lodden argued that proper checks were not carried out on the LTi 2020 speed gun, as required under guidelines.
He also suggested that the operators “erratic” movements of the equipment could have caused the speed gun to give an incorrect reading, making the car appear to travel faster.
The appeal included video footage of Mr Montgomerie’s car on the day.
Andrew Perrie, for the prosecution had refuted that Montgomerie’s excessive speed reading was caused by the handling of it by the speed camera technician, saying that he was experienced and competent.
The judge today said that the driver of a second car, whose vehicle was clocked as doing 35mph on the day when Mongomerie was stopped, should be told the outcome of today’s crown court appeal.
Judge Hughes added that copies of the judgement should also be sent to Cumbria Constabulary Chief Constable Craig Mackey. Every year, Mr Montgomerie, the European Ryder Cup captain, who lives in Perthshire, clocks up thousands of miles behind the wheel as he travels to golf tournaments and events.
So much for Steve Callaghan's assertion that the LTI is used correctly at all times by the highly trained operators!!Published at 12:55, Tuesday, 15 June 2010
Golfer Colin Montgomerie won his appeal against a speeding conviction after a court ruled that the evidence against him was unreliable.
But Judge Peter Hughes QC, who sat in judgement on the case with two magistrates at Carlisle Crown Court, said it would be wrong for people to conclude that there is one law for the rich and another for everybody else.
His comment came after several court hearings in which the golfer, advised by celebrity lawyer Nick Freeman, challenged the conviction.
Mr Montgomerie was convicted of driving his BMW at 37 mph in a 30 mph zone on the A69 at Corby Hill, near Carlisle, last November.
The three points added to his licence brought his total to 12, which in turn earned him a six month ban under the toting up procedure.
He was also fined £850 with costs of £4,000.
Giving the result of the appeal today, judge Hughes said: “We have reached this decision with a degree of reluctance. The maintenance of public confidence in the reliability of the evidence used to support allegations of speeding is of vital importance.
“Few have the financial resources to mount a challenge to the evidence. Any perception that there is one law for those with the ability to dispute the evidence and another for everybody else would be wrong.”
The judge went on to say that the prosecution in the case had failed to establish to the court’s satisfaction that the reading taken by the police speed gun was accurate.
Neither Montgomerie, Nick Freeman, nor the golfer’s QC Peter Lodden were in court to hear the judgement.
In an earlier hearing, Mr Lodden argued that proper checks were not carried out on the LTi 2020 speed gun, as required under guidelines.
He also suggested that the operators “erratic” movements of the equipment could have caused the speed gun to give an incorrect reading, making the car appear to travel faster.
The appeal included video footage of Mr Montgomerie’s car on the day.
Andrew Perrie, for the prosecution had refuted that Montgomerie’s excessive speed reading was caused by the handling of it by the speed camera technician, saying that he was experienced and competent.
The judge today said that the driver of a second car, whose vehicle was clocked as doing 35mph on the day when Mongomerie was stopped, should be told the outcome of today’s crown court appeal.
Judge Hughes added that copies of the judgement should also be sent to Cumbria Constabulary Chief Constable Craig Mackey. Every year, Mr Montgomerie, the European Ryder Cup captain, who lives in Perthshire, clocks up thousands of miles behind the wheel as he travels to golf tournaments and events.
Yet another infallible belief of his shot down!
BBC radio report says that the operator was pinging at everything - including pedestrians.
He is only supposed to use the device to confirm his opinion of excess speed - on a pedestrian??
Also the judge seems to think that the equipment was not held steady!
This is basic operator error, not a fault of the device.
Judge was also critical, asking how the use of the equipment in this way raised speed awareness.
Go here http://news.bbc.co.uk/local/cumbria/hi/ and look for "listen Live" or "listen again" - the news is on the hour.
The most damning side to all this is that Steve Callaghan the former head of Cumbria Safety Camera Partnership, has always maintained that his highly trained operators used the equipment within the guidelines without making such basic errors - now it appears that the judge, having seen the evidence thinks otherwise!
How many other SCP civilian operators are getting away with waving the LTI around as if they were Dirty Harry and convicting safe drivers driving at or close to the limit?
He is only supposed to use the device to confirm his opinion of excess speed - on a pedestrian??
Also the judge seems to think that the equipment was not held steady!
This is basic operator error, not a fault of the device.
Judge was also critical, asking how the use of the equipment in this way raised speed awareness.
Go here http://news.bbc.co.uk/local/cumbria/hi/ and look for "listen Live" or "listen again" - the news is on the hour.
The most damning side to all this is that Steve Callaghan the former head of Cumbria Safety Camera Partnership, has always maintained that his highly trained operators used the equipment within the guidelines without making such basic errors - now it appears that the judge, having seen the evidence thinks otherwise!
How many other SCP civilian operators are getting away with waving the LTI around as if they were Dirty Harry and convicting safe drivers driving at or close to the limit?
EU_Foreigner said:
Indeed, that was the guideline for allowed speed, i.e. the first ticket should be at 36.
No, that was the threshold for prosecution.However, in Lancashire, they put you on a Speed Awareness course all the way up to 39, as that way, they get to keep the money for sending you on he course, instead of it going to the Treasury as a fine.
Nick Freeman said:
"It is extremely unfortunate that the prosecution felt it necessary to waste tens of thousands of pounds in pursuing a prosecution when they were aware of these facts from an early stage."
It is understood other motorists who received automatic tickets from the operation could have their fines overturned.
I think the judge covered that when he stated:It is understood other motorists who received automatic tickets from the operation could have their fines overturned.
Judge Hughes said:
“We have reached this decision with a degree of reluctance. The maintenance of public confidence in the reliability of the evidence used to support allegations of speeding is of vital importance.
I would suggest that the outcome of this case has dented that confidence in many cases!EU_Foreigner said:
Just a bit yes. Basically, the conclusion is that you can not trust the equipment nor the people using it.
The manufacturers of the LTI have a former NASA scientist on their books, whose job it is to rubbish technical challenges to their equipment. If required, he is wheeled into court at huge expense, frightening many defendants from challenging their speeding tickets in case they become liable for costs against them. Now instead, Montgomerie's legal bill – thought to be in the region of £30,000 – will now be passed on to the taxpayer.From this case, it would appear that the device is only as good as the buffoon holding it! It has been shown time and time again that the device can give a hugely false reading if swept over the target vehicle during the reading - the Daily Mail famously showed a cyclist doing 60 mph, while a wall in a courthouse in the US was found to be travelling at 4 mph.
Those who defend it's use, claim that experienced operators never use the speed gun in this way, yet here they are in court having to accept the judges ruling that the evidence shows that an operator HAS misused the equipment, AND was directed to target road users outside of the specific guidelines to it's use!
Oh dear!!
deeps said:
Just imagine how many hundreds of thousands of people that don't have Monty's resources are being defrauded every year - sickening.
Around here in Somerset the evil van operatives target 33mph for the scam of all scams - the snail awareness course - where drivers are blackmailed into feeling grateful for being scammed - you've got to hand it to them, that is one very clever scam and of course rakes in millions.
The tax payer will pick up the estimated £38,000 tab for legal costs... NOT the CPS employee, who proceeded with the case, in order to protect the reputation of the LTI process even when he had access to the same evidence as the judge, that the manner in which the LTI was being used, was contrary to the guidelines!Around here in Somerset the evil van operatives target 33mph for the scam of all scams - the snail awareness course - where drivers are blackmailed into feeling grateful for being scammed - you've got to hand it to them, that is one very clever scam and of course rakes in millions.
It would have been different if they had thought the cost of wrongful prosecution came out of THEIR pocket!
shuvitupya said:
Mill Wheel said:
Judge clears speeding top golfer on appeal
"Golfer Colin Montgomerie"
Nowhere does it say he is a top golfer! ...Because he isn't and never was "Golfer Colin Montgomerie"
....Maybe top Scottish golfer, but I doubt that. 
Maybe not THE top, but A top man!
cornishgirl said:
Isn't there some sort of cap on the costs of experts the police or CPS can hire in this sort of prosecution?.
I can understand for a murder trial but hiring a very expensive expert for a case of speeding at 37mph? That is just wrong.
No cap - they flew in a US based expert a couple of years ago, and the hapless defendant got landed with the flight costs, hotel bill, as well as all the normal inflated costs they throw in.I can understand for a murder trial but hiring a very expensive expert for a case of speeding at 37mph? That is just wrong.
That is why RSS Ltd exist - to ensure the gravy train just keeps on running - money is no object, as unlike the defendant, they never have to pay as individuals - it is all covered by the tax payer if they lose.
EU_Foreigner said:
fluffnik said:
Mill Wheel said:
That is why RSS Ltd exist - to ensure the gravy train just keeps on running - money is no object, as unlike the defendant, they never have to pay as individuals - it is all covered by the tax payer if they lose.
They are extortionists, filthy racketeers, the only part of the Criminal "Justice" System they belong in is jail.Erm.. that would be Australia then?
cornishgirl said:
I'm probably being a bit naive here but isn't the 'expert' supposed to be impartial, acting for the benefit of the court and not as mouthpiece for one side, especially when he has been hired by the State?
Well, the "independent" expert hired by LTI to debunk evidence of dodgy readings from the LTI when mishandled is clearly welcomed by Wiltshire SCP, as they reproduce a copy on their web site:http://www.safetycameraswiltshire.co.uk/uplfiles/s...
Read it with the evidence from Montgomery's case in mind, and you will see that the "expert" attack on Dr Clark's evidence is simply designed to deflect criticism, and is itself more full of holes that Eddy Yates string vest!
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