Chester man found not guilty of illegally overtaking bus

Sep 24 2008 by Laurie Stocks-Moore, Chester Chronicle

A TRIAL lasting nearly two-and-a-half hours has found the defendant not guilty – of overtaking a bus.

Michael Ian Donald, 22, stood trial at Chester Magistrates Court after being stopped on Boughton, Chester at 10.42pm on March 17.

The court heard it was a dark, wet night when PC Robert Johnston – parked ahead of the vehicles carrying out automatic number plate recognition – spotted the manoeuvre in his wing mirror.

Donald was making the nightly journey from his girlfriend’s house to his own home on Sefton Road, Hoole.

PC Johnston stopped Donald in his silver Astra, issued him with a fixed penalty notice and charged him with overtaking a bus while in the controlled area of a pelican crossing.

“I saw the defendant’s vehicle overtake in front of the bus and proceed across the crossing,” said PC Johnston.

He stressed the law is in place to protect pedestrians who can only see a leading vehicle and may step into the road.

“When I pointed out the offence, he replied ‘I didn’t realise’.”

Later during his cross-examination, PC Johnston said the incident happened an hour earlier – at 9.42pm.

Donald had refused to comply with the conditional offer of three penalty points and a £60 fine, and instead opted to clear his name in court.

Taking the stand, the defendant argued the officer was 150 yards away – much further than the 70 feet the officer had claimed – and that he had in fact overtaken before the controlled area began.

He insisted: “I didn’t know about that rule but I didn’t commit that offence.

“He was 150 yards away. There’s no way he can be sure, that’s ridiculous.”

PC Johnston’s evidence was criticised by chair of the bench Jane Mairs, who said Donald’s evidence was “credible”.

Highlighting the officer’s contradictory account of when the incident took place, and his distance from and view of the incident at the time, she said: “There were discrepancies in the evidence and fixed penalty document.”

As Donald defended himself privately, Ms Mairs ordered an undetermined sum to be paid to him from central funds.