ESSEX: Speed fines could be cancelled
Millions of pounds could be handed back to motorists caught speeding since March 2007 after Essex Police admitted there may have been an administrative mistake in which documents – forming a vital part of prosecutions – were signed by a civilian employee without proper authorisation.
The mistake means that those who contested evidence of the cameras in court and were subsequently found guilty may have been convicted on unsafe evidence.
Lawyer Nick Freeman, known as Mr Loophole for helping high-profile clients including Jeremy Clarkson, Alex Ferguson and Wayne Rooney escape motoring convictions, said the problem could run much deeper.
Mr Freeman, who represented Tottenham star Defoe at Chelmsford Magistrates Court last week, said: "In my view, anyone who has been given a ticket, even if they accepted and paid up without challenge, could have a case for challenging the conviction.
"Because of what has happened, they could potentially claim they pleaded guilty on the basis that they were presented with false evidence."
The blunder could mean police are left footing a bill of millions for reimbursement and compensation.
John Mannerings, of Tavistock Road, Chelmsford, is one of the thousands who could be affected after he was flashed by a camera in Chelmsford.
He said: "I accepted it and paid the fine at the time – I knew I was going a little bit over the limit and had just forgotten about the camera."
The self-employed security guard was responding to an alarm call to a premises he was guarding at the time.
He said: "I will certainly be looking to see if I can get it overturned – the police should have checked they were following all the procedures properly.
"I will wait and see how this develops then see if I can get the points taken off my licence."
A spokesman for the Crown Prosecution Service in Essex said that hundreds of cases may have to be reviewed, and any cases where the defendant is waiting for adjudication or sentencing may now be put on hold.
However, a police spokesman said that after investigating the circumstances, they are confident that all convictions are safe.
A spokesman said: "Essex Police has examined the issues surrounding the Section 20 certificates and taken counsel's advice.
"Essex Police is content its procedures are lawful and appropriate and will robustly defend any challenge on this issue."
The employee at the centre of the storm, a courts officer working with the Safer Roads Bureau in Billericay, has now received the correct authorisation, so any fines issued since the mishap came to light last week are now valid.
Defoe has been told that sentencing on his conviction for speeding has been adjourned while a potential clerical error is investigated.
The Tottenham star was caught by cameras on the M11 near Chigwell travelling at around 81mph in his Land Rover on June 6 last year, and then again on April 16.
He denied the offences in court, but was found guilty of two charges of speeding and one of failing to identify the driver of a vehicle registered in his name.
He was due to be sentenced on Friday, June 26, but the hearing was adjourned when the Crown Prosecution Service contacted Mr Freeman to say there could be a problem with the conviction.
Mr Freeman said it is not possible to know if Defoe's challenge was what brought the blunder to light, but he did challenge the validity of the footballer's section 20 certificate in court.
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