Failed prosecution of Newton Abbott biker slammed as "outrageous and incompetent"

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

In August 2009 Neil Brooks, aged 51, was overtaking a van on the Ashburton road in Newton Abbott.

The van turned right into a garage, without signalling according to Mr Brooks, and in the resulting collision he was thrown off his bike.

Four police officers attended the scene, and subsequently Mr Brooks was charged with driving without due care and attention.

But the trial, in Torquay in June 2010, was adjourned because only two police were there to give evidence. It was only in court that her Crown Prosecution Service (CPS) admitted four had been present.

At the second trial, in September, Mr Brooks was proven innocent. Diagrams drawn up by the police as part of the prosecution case were shown to be inaccurate.

Evidence showed that the impact could not have taken place as the CPS alleged. The occupants of the van both changed their evidence and the driver effectively admitted that he had not checked his mirrors before turning.

The CPS eventually provided six witnesses for the prosecution, including the four police officers, but the court found their evidence weak, confused or contradictory.

In particular, although the van driver claimed that his vehicle had been damaged by the impact, evidence showed that it could not have done so. One of the police officers who examined the van at the scene admitted to Mr Brooks that the damage was ‘historic’.

His legal defence against prosecution is being handled by Darren Hackley-Green, head of the motor defence team at Cardiff-based lawyers NewLaw.

‘This prosecution was outrageous and another case of a quick prosecution by the police, who tried to force a driver improvement course on our client as a way of getting their conviction figures up,’ claims Darren Hackley-Green.

‘Too often, 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.

‘In this case fortunately they chose the wrong bench. But in the process their incompetence has cost the taxpayer probably thousands of pounds in court fees and paying for the wasted time of both police and witnesses.

‘In addition of course, Mr Brooks has been put through months of worry as well his own costs, which will need to be refunded to him from central funds and so place a further burden on the taxpayer.

‘It was clear at the outset that the prosecution couldn’t succeed, but the arrogance and pig-headedness of both CPS and police have brought us to this position.’

ends

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

Published by Peter Thurlow public relations, 01728 685673.

Note to editors Mr Brooks requests that he should not be approached for interview. Darren Hackley-Green will be pleased to help in reporting this story.

31/01/2011