Case: Police Back A Losing Hoon Case, Face Massive Costs Order.
Our was riding a small registered pit bike on a street adjacent to a police station. He accidentally released his clutch too quickly causing his motorbike to lift the front wheel. As this happened a police car was exiting the vehicle yard and intercepted our client. The first thing our client said was it was an accident, the police officer responded that he did it deliberately.
Charges/ Ch1 (Careless Driving); Ch2 (Drive In A Manner Causing Loss Of Traction)
Result/ All charges dismissed at Contested Hearing, full acquittal, with costs awarded against police
Our client was represented by Younis Yehia of our firm. He had no prior criminal or driving history and was of good character. Despite this, the police called a “police expert” who was previously a motor mechanic to give an opinion that the it is impossible to accidentally lift the front tyre of the bike. Mr Yehia, who also knows a lot about the mechanical’s of cars and motorbiked cross-examined the police expert and found that the expert had not examined our client’s bike or ridden it. Instead he solely went by the description the police informant stated in his statement by way of observation. Furthermore there was no reason to disbelieve our client as an honest mistake. The magistrate acquitted our client and the police face a large costs order for a matter that should have been withdrawn.
