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Complainant Name:
Mr James Brookes

Clauses Noted: 1

Publication: Gloucestershire Echo

Complaint:

Mr James Brookes of Gloucester complained that coverage of his court appeal against a speeding conviction contained significant omissions regarding the reasons for his success: the failure of the individual who calibrated the speed gun to attend court was not the only reason that he won his appeal.

Resolution:

The complaint was resolved by the publication in both newspapers of the following clarification:

James Brookes

On 16 December 2008 we published an article about the successful appeal by James Brookes following his conviction for speeding in a BMW M3 on the A40 Golden Valley bypass.

We have been asked to point out that Mr Brookes’ conviction was overturned not only because the court found there was no evidence from the person who carried out the calibration of the speed gun but also because it decided that the evidence of the two police officers who stopped him was insufficient for the case to proceed.

One officer viewed Mr Brookes’ car only in his rear view mirror and the other saw Mr Brookes’ car only for a matter of seconds.

The court also reached their not guilty verdict because Gloucestershire Police did not submit the calibration documents to Mr. Brookes' barrister within seven days of the trial or appeal date.

We are happy to make the position clear.

Report: 79



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