Speeding, Dunfermline, 6 April 2017, Not Guilty
This case called for trial at Aberdeen Justice of the Peace Court on 6 April 2017.
It was a speeding case involving a mobile camera van. Our client was a motorcyclist and quite openly conceded to us that she was “probably” speeding and simply had not seen the van. This was not surprising to us as these vans – contrary to policy – are concealed from the public.
The bigger picture in this case is not whether our client thought she was Guilty (many of our clients do) but whether the Crown could prove that guilt beyond reasonable doubt. We quickly identified a potential weakness in the Crown case and prepared for trial.
When the case called for trial, the penny finally dropped for the Procurator Fiscal in court. The Fiscal moved to adjourn the trial but this was refused by the court. The case was thereafter deserted.
This case was prepared and defended by Steven Farmer on 6 April 2017. A court will not lightly refuse a Crown motion to adjourn. The court must be persuaded that it is not in the interests of justice to allow the adjournment. The court must balance the interests of the prosecutor, the public and the accused. Here the determinative factor was that the fault lay with the Crown due to lack of preparation. In those circumstances the court agreed with our submission that the interests of the prosecutor should be given less weight than they otherwise might have been.