Pc trial told of problem over speed video
A district judge in the trial of a Shropshire police officer accused of driving at up to 159mph today revealed that the onboard video camera which recorded the speeds was not an approved device.
The retrial of Mark Scott Milton, 40, of Bratton, Telford, reached its third day today when District Judge Peter Wallis told Ludlow Magistrates Court that the prosecution faced a "very big technical difficulty".
Milton, a West Mercia Police constable, is accused of dangerous driving and breaking speed limits on Shropshire roads including the M54, A5 and in built-up areas. He denies the charges.
Today District Judge Wallis said that the device which recorded Milton's speeds in his Vauxhall Vectra 3.2 litre GSI did not count as a witness in the case.
He said: "Expert witnesses cannot give an opinion on speed, only the machine can do that, but I do not consider the machine as a witness. The only other person who can give evidence on the speed is Constable Milton and I don't expect him to give evidence to incriminate himself."
District Judge Wallis added "The video is the only evidence that the prosecution has got to base the prosecution on. Since when has a machine appeared in court as a witness - until it is approved it has not."
Mr Patrick Sullivan, prosecuting, confirmed that the on-board video camera was not an approved device.
Mr David Twigg, representing Milton, said "It's a point that passed the whole trial by on the first occasion."
The case continues.