Tuesday 4 August 2009

Perhaps He Should Pay The Fine….

...in Monopoly money:
When new laws made it illegal to smoke in a company vehicle, tanker driver Chris Minihan accepted that his days of puffing away at the wheel were over.

In the two years since then he has been trying hard to kick the habit - and even invested in a fake electronic cigarette to help him.
Oh, you can guess what’s coming, can’t you?
But today the father of one will be in court to fight possible fines of up to £2,700 for smoking in a public place and dropping ash.

He claims a council enforcement officer mistook the fake cigarette for a real one when she spotted Mr Minihan during his rest-break at a picnic area.
Now, maybe he’s telling the truth, and maybe he isn’t. I guess it will all hinge on the photographic testimony.

But if this thing really is indistinguishable from a real cigarette, then I don’t see how the prosecution can prove their case…
The officer took three photographs of Mr Minihan's tanker at the Wigg Island nature reserve in Runcorn, Cheshire, which is managed by Halton Borough Council.

He said: 'If she had approached me on the day I could have shown her what I was doing and the whole thing could've been nipped in the bud then.

'Instead, I only found out what she had done when an official arrived at the company yard two days later to issue me with the fixed penalty notices.'
And the company backed him. Not just with moral support, but with money:
He will represent himself in court, but the firm has offered to pay any costs if he loses the case.
Which the BBC reports he now has:
Brian Howells, chairman of the bench, said his story was "consistent" but described the enforcement officer as a credible witness and found in favour of the council.

9 comments:

Sue said...

This victimisation of smokers is pure evil. It's another reason I live in Spain.

It's also another reason my poor old mum refused to go to hospital when she was dying.. she liked a roll up and even a condemned man was always allowed a last cigarette!

I wonder if the UK will ever be a normal country to live in again.

I would love to see how history depicts the last 12 years under this totalitarian socialist government.

James Higham said...

But today the father of one will be in court to fight possible fines of up to £2,700 for smoking in a public place and dropping ash.

This sort of thing is such a load of bolocks that it gets my blood pressure up. Hell - what are we coming to in our society? Seriously.

Julia, I don't know where you find these things, as said once before.

Dr Melvin T Gray said...

Yes, de rigueur it may well be to treat all police and council employees as fools.

Nevertless, the officer's version is convincing and I believe her.

JuliaM said...

"I wonder if the UK will ever be a normal country to live in again."

I don't think so. I just can't see Dave's mob (no-one else stands a chance, realistically) winding back any of these illiberal laws...

"Julia, I don't know where you find these things..."

Sadly, I rather wish it was more difficult than it is...

"Nevertless, the officer's version is convincing and I believe her."

I'd have been more convinced if she'd picked up the butt she claims to have seen him drop and presented it as evidence!

Angry Exile said...

Quite. No physical evidence, a plausible non-cigarette item that it could have been in the photographs - there's reasonable doubt you'd have thought. The prick beak instead chose who he decided to believe, which wipes arses on the idea of innocent until proven guilty and flushes it down the bog. Welcome to C21st Britain: stasi and summary justice. Bastards.

Rob said...

So, State employees lurk in laybys and photograph people smoking in their own vehicles.

Thank fuck we live in a society with so little crime that the State can spend its time on stuff like this.

Dr Evil said...

Pity he didn't opt for a jury trial (if he could have of course).

sobers said...

So thats it now then? You can be convicted and fined in the UK on the say so of one public official, with no physical eveidence, and despite having a credible explanation for your actions? Do the people on the Bench have no concept of 'innocent until PROVEN guilty'?

I hope he appeals this - one of the hundreds of 'human rights' lawyers should take the case on a pro bono basis, though I doubt anyone will. Much better to help convicted terrorists claim asylum in the UK (the Afghan plane hijackers case), than help a tax paying UK citizen get some justice.

General Pyston Broak said...

Surely, the photographic evidence would have proved whether he was guilty or not. What happened to them ? Why have they noty been splashed around the media ?