Motorist faces big bill after 'messing court around'
A MOTORIST facing five charges, who has briefed lawyers via the internet, was told by a court last Thursday that he could face a massive costs bill as a consequence because people were being ''messed about''.
Alasdair Cumberworth, 31, of Dragon Terrace, Harrogate, appeared before the town's magistrates accused of drink-driving, careless driving, failing to stop after an accident, failing to report the incident – in which his black VW Golf overturned in Dragon Parade, Harrogate, on May 27 – and obstructing Traffic Constable Steven Wood in the execution of his duty by claiming his car had been stolen. Cumberworth said he had consulted motoringlawyers.com and had been told not to enter a plea to any of the charges at the initial hearing.
He was warned that the initial bill for costs to the Crown Prosecution Service of 85 would increase substantially if the case had to go to trial with a minimum bill of 620 likely.
Magistrates dealing with cases under the CJSSS (Criminal Justice, Simple, Speedy, Summary) system - introduced in 2007-08 with the aim of improving the speed and effectiveness of courts and reducing case hearings from an average of five or six to just one – like to make progress on every one at initial listing stage, even if it is only to take pleas.
No-one from the internet-based legal firm motoringlawyers.com was in court, with prosecutor Steven Ovenden telling presiding magistrate Teresa Brooke that this was usually the case with such companies.
''Quite often these firms don't attend the first hearing,'' said Mr Ovenden adding that fixing a trial which might prove largely abortive was going to inconveniences a number of people, civilian witnesses, police officers and a forensic scientist.
Any delay would reflect on the costs Cumberworth would be asked to pay. ''People are being messed about,'' he said. ''It is regrettable that firms of this type don't attend first hearings.''
The case was stood down for Cumberworth to phone the lawyers and after a six-minute delay he told Mrs Brooke he had been advised not to enter pleas until lawyers had studied the case papers.
When pressed he said he would plead not guilty to all the charges.
He would continue to deny the drink-driving allegation as he had drunk alcohol between the car crash and his arrest but the likelihood was that he would change his pleas to guilty to the other four allegations at the next hearing.
Cumberworth was told that pleading guilty to all charges except the drink-driving at the first hearing, rather than changing his pleas at a later stage, would be reflected in the bill he would face for costs.
''Are you still going to maintain your not guilty pleas to the other four charges?'' asked Mrs Brooke. ''Yes,'' replied Cumberworth, who was bailed until a trial on September 28.
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Thursday 24 May 2012
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