Speed gun victim cleared after 15 hearings and ?30,000 cost to public
Published: 28th January 2006
Category: Prosecution
Reader's Rage: [34votes]

David Jennings was finally cleared of speeding after a two year ordeal. In November 2003 he was recorded doing 60mph in a 30mph zone on the A379 in Devon. He was convinced he was innocent yet in August 2004 he was convicted in his absence after being wrongly told that he didn't need to attend court. He lost his license because as a new driver the disqualification limit is 6 points rather than 12.

His solicitor managed to quash the conviction and the case proceeded slowly towards trial. The CPS offered no evidence after they read a report by Dr Michael Clark, Europe's leading expert on laser speed guns. The LTI 20.20 gun was being operated inside a van by a civilian police worker and linked to a video camera. Dr Clarke studied the video and concluded the gun could not be relied upon.

The gun, according to Dr Clark, has got the distance wrong when measuring Mr Jenning's vehicle and this would have caused a significant speed error. The gun was faulty and the operator controlling it was not doing his job properly, said Dr Clark. "The machine is a load of rubbish". Kevin Delaney from the RAC called for the gun to be withdrawn pending the outcome of an independent inquiry.

The Home Office refused to comment. The CPS said the case was dropped only because of evidence that the roadside camera has not been adequately signposted.

Our comment: Mr Jennings was brave enough to challenge the laser gun and win, but how many other drivers have been wrongly prosecuted?

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