A Finchley resident has won an appeal against the police after the court overturned a ruling that he had been driving whilst using a mobile phone.
The restaurant owner, 29, appealed last month against Harrow Crown Court’s decision to uphold the police report that claimed he had been using the phone whilst stuck in slow-moving traffic in North Finchley last year.
The man had made a previous appeal against a police decision to charge him with usage of a handheld device whilst driving, an offence which he denies. His appeal was turned down.
The police officer who charged him gave evidence at a hearing claiming he had observed the man using his mobile phone for half a minute whilst he was driving in the opposite direction. The officer then pulled him over immediately.
However, the man refuted the accusation, stating that the police car had been stationary on the same side of the road in front of his own vehicle and the officer had issued some standard checks before handing him a £1,000 fine and 3 points on his licence.
The court originally ruled in favour of the police officer’s testimony, increased the fine and retained the licence points. However, the man called for police CCTV evidence to be shown, on the basis of which the court then overturned its decision, revoked the penalties and awarded full damage costs .
The police were not available to comment on this case and it is unclear at this point whether any disciplinary action is to be taken for the officer’s conduct.