Saturday, October 2, 2010

Former Labour MSP and QC Gordon Jackson gets his motoring charge thrown out by way of being time barred, he wants expenses!

Dear All

Speeding kills.

Former Labour MSP and QC, Gordon Jackson, has just escaped prosecution for an alleged motoring offence.

The case was dropped after appeal judges ruled that the case had become time-barred.

You could make the argument cases before a Court of Law shouldn’t be time barred.

One of the reasons for Jackson’s case being time barred was his failure to respond to letters asking him to disclose the driver of a hired car which had been caught speeding on a motorway and a poor memory.

In December 2008, a hire firm responded to a notice from the police about a speeding incident on the M80 near Dunipace, Stirlingshire.

The hire firm identified Gordon Jackson as the hirer of the vehicle.

A letter was sent to him with "a section 172 form" this required him to disclose the name of the driver.

When a month passed and there was no response a reminder was sent, again no response.30 April, 2009 sees two Police officers visit Jackson's house only to be informed by him:

"I have no recollection of the correspondence”.

He added: "I have no idea who was driving at the relevant time and date as my wife and I both drive the car."

This lead to a complaint being filed alleging a breach of section 172 of the Road Traffic Act and the case went forward.

He challenged it as time-barred and got a stipendiary magistrate at Glasgow Justice of the Peace Court to uphold the plea.

Case dismissed.
The Crown appealed this decision against being time barred citing the six-month statutory period for serving the complaint had started on the date of the police visit to the house.

The Appeal Court took the view the clock started on when the first letter was sent.
Now, not content with victory, he wants his QC's expenses in the case to be met by the Crown.

And he will probably get it.

So, the Scottish Taxpayer will be paying expenses for a case rightly submitted to a Court of Law regarding speeding in which failure to disclose the driver meant no effective prosecution happened.

As Gordon Jackson said:

"I have no idea who was driving at the relevant time and date as my wife and I both drive the car."

Perhaps in future he should.

Yours sincerely

George Laird
The Campaign for Human Rights at Glasgow University


IainGray4FirstMinister said...

Mr. Laird,

I see Alex Salmond isn't doing anything to help Mrs. Jaconelli being thrown out of her flat.

Do you think it is fair she is offered £30,000 for her home were she has lived for 34 years?

Do you agree with Alex Salmond that it is "appropriate" how she is being treated?

The SNP are a party of Tartan Tories and big business.

Alex Salmond sides with big business over ordinary people and Mrs. Jaconelli is being ripped off.

I see no SNP People's champion is coming to her rescue.

What a pity Mrs. Jaconelli isn't a benefit cheat then Sturgeon would go to bat for her.

cynicalHighlander said...

Rippedd off Mrs. Jaconelli I don't think so more like Labour ripping off Scotland.