Out of time, so case is dropped
PUBLISHED: 14:24 28 June 2007 | UPDATED: 12:35 04 May 2010
A MINI bus driver involved in a head on collision admitted careless driving – but walked free when his case was dropped on a technicality. It came to light that the Crown Prosecution Service had been two days too late when they started proceedings against
A MINI bus driver involved in a head on collision admitted careless driving - but walked free when his case was dropped on a technicality.
It came to light that the Crown Prosecution Service had been two days too late when they started proceedings against Adrian Wotherspoon, so the case could not go ahead at Ely courthouse.
By law, information has to be laid within six months of an alleged offence, so the court can issue a summons against a defendant.
Although this was the fourth time the case had come into court, it was the first time staff had noticed that the case was out of time.
Mr Wotherspoon was involved in a road accident on September 27 last year, but the Crown Prosecution Service failed to get the case in motion until March 29.
Before the case collapsed, 40-year-old Mr Wotherspoon, of Prickwillow Road, Queen Adelaide, admitted that he had driven carelessly on the B1382 Ely Road.
Prosecutor Emma Dmitriev said Mr Wotherspoon was driving an LDV Pilot minibus when he crossed the central white line of the road, and collided head-on with a car coming in the opposite direction.
Three other people were injured, suffering from cuts, bruises and whiplash.
"I understand that the DVLA are aware he has some memory loss, he cannot remember the accident," she said. "He just drifted across the road and collided with someone head-on."
Presiding magistrate Hamish Ross, explained to Mr Wotherspoon that the case had to be stopped on the time related technicality.
Mr Wotherspoon left the court saying: "I am sorry this happened, I do not know what the cause was.
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