'White line' driver's conviction overturned after Pc fails to turn up to court
A man found guilty of a traffic offence has had his conviction overturned after a police officer failed to show up in court.
David Bennion appeared at Shrewsbury Crown Court to appeal against a conviction for failing to obey a solid white line on the road.
Mr Bennion, 42, of Manor Farm Barns in Leebotwood, was convicted at Telford Magistrates Court on April 15 this year.
At the appeal, the court heard that the prosecution's case rested on a sole witness, Police Constable Moody.
But the court was told the officer had instead attended a training day in Worcester and would take an hour and a half to travel to the court.
Recorder Tim Raggatt QC said: "I am not having police officers decide on whether or not they will come into crown court when they are asked to do so."
Prosecuting, Graham Russell said he had no case without officer Moody's statement and was given 15 minutes to get in touch with the officer.
Following the short break, he said: "PC Moody remains in Worcester and is unable to get here in the time you have allowed."
Mr Russell asked for the case to be adjourned, but Recorder Raggatt said: "He has disregarded being required to attend the crown court.
"I am not going to grant an adjournment."
After hearing that the prosecution could offer no evidence without the presence of the policeman, Mr Raggatt said: "We allow your appeal against conviction it is therefore quashed and anything that follows from it.
"I trust that a word will be had with the officer's superior. I haven't heard anything like it for some time."
