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Dangerous Driving, Kilmarnock, 22 May 2017, case dropped by prosecution

This was a rather serious case of dangerous driving. Our client was alleged to have driven at excessive speed of in excess of 100mph, undertaken a vehicle on the hard shoulder, repeatedly undertake other vehicles and engage in a race with another vehicle, al in poor weather conditions. One of the cars he is alleged to have undertaken was an off-duty police officer who proceeded to follow and keep tabs on our client, while apparently having his young son and wife in the car. This included following our client down a dark and isolated country road and making further observations about our client. It is fair to say that something did not seem right and our client, while accepting that he was driving a bit fast, emphatically refuted the remaining allegations.

Our client was aware of this car which seemed to be following him and he was concerned. He had briefly stopped at his girlfriend’s house and saw the same car waiting. He had a good look and saw a driver and no-one else.

When assessing the evidence carefully there were numerous reasons to believe that the off-duty police officer was alone in his car. For example, his wife did not provide a statement at the time, instead providing a written recollection several days later. This is extremely unusual as the police attended at the time and spoke to her husband at the roadside. There was no mention in the police statements of anyone else being present at this time. Of course the rules of corroboration mean that the evidence of the off-duty police officer alone was not enough – as any police officer would know.

We prepared the case for trial but received a call out of the blue from the prosecution prior to trial to confirm that the Crown was not proceeding with the case due to witness difficulties. We never did get to test our theory that there was only one eye-witness in this case!

This case was prepared and defended by Steven Farmer