Charges dropped against Newport biker in prosecution 'doomed to failure'

A biker from Newport is to take legal action for injuries caused in a road accident, after what is claimed was a botched attempt to prosecute him.

In April 2010 Kieron Kenny, aged 23, was travelling along Nash Road in Newport. He was on the correct side of the road and within the speed limits, when a Volvo pulled from its drive without warning or signalling and collided with the side of his motorcycle.

An eye witness to the accident gave evidence that Mr Kenny was driving properly. But a police officer who attended the scene dismissed the evidence and Mr Kenny was charged with driving without due care and attention.

The prosecution evidence rested on statements from witnesses who either did not see the collision or stated that Mr Kenny was driving too fast because his motorcycle sounded loud.

Mr Kenny and his lawyers and witnesses attended his trial at Caerphilly magistrates court on 21^st December last year. But on arrival they were told the trial had been postponed without their being given any notice, and no representative of the CPS was present.

Then during January the case was dropped.

Mr Kenny’s lawyers challenged the prosecution evidence and set out the evidence in his defence.

"It was clear at this stage that the prosecution was doomed to fail," says Darren Hackley-Green, head of motor prosecutions at NewLaw solicitors.

"It’s often the case that when the CPS receive papers from the police with a recommendation for prosecution there is no real assessment by a lawyer until the last second, as motoring offences are dismissed as minor matters.

"The fact is that the CPS are overworked. The case should have been dropped back in September when the defence case was given to the CPS rather than waste time and money with a weak prosecution.

"Mr Kenny’s legal costs will now be paid by the tax payer as he was the victim of an unfair prosecution, when proper assessment by a CPS lawyer at an early stage would save time and money for everybody."

‘This is another case where motorcyclists are victimized in circumstances where evidence is weak but police and the CPS perceive magistrates as having less sympathy with motorcyclists than with car drivers.

Mr Kenny comments, "I was travelling normally and I was the victim, having suffered a severe shoulder injury from which I will be recovering for years to come.

"I was extremely surprised when I was charged with being at fault for the collision, and even more surprised when the evidence of the person who attended me immediately after the accident was dismissed by the police."

ends

For further information, call Darren Hackley-Green on 02920 784237.

Published by Peter Thurlow public relations, 01728 685673.

Note to editors Kieron Kenny requests that he should not be approached for interview. Darren Hackley-green will be pleased to help in reporting this story.

01/04/2011