The strange case of Lord Loophole and the mystery driver in his speeding car

Lord Mackenzie, a former chief superintendent who advises the Home Office on law and order issues
13 April 2012

When a policeman used a legal loophole to escape a fine for speeding, Lord Mackenzie of Framwellgate was full of self-righteous condemnation.

The Labour peer - a government adviser on crime - expressed outrage that the case was dropped because the officer in question claimed he did not know who was at the wheel at the time of the offence.

Six years on, the same loophole has been successfully exploited...by Lord Mackenzie of Framwellgate. He was taken to court after his BMW was caught on camera doing 45mph in a 30mph limit stretch in Gateshead.

Lord Mackenzie, a former chief superintendent who advises the Home Office on law and order issues, claimed he had been out of the country at the time and had not been driving the car.

The Crown Prosecution Service dropped his case after the peer told investigators that a number of people could have been driving the vehicle when it was clocked and he could not establish who it was.

The decision infuriated road safety campaigners and other motorists convicted of similar offences.

Amy Aeron-Thomas, director of Roadpeace, said: 'This case is yet another reminder of how far we have to go as a society to appreciate that speeding is the leading cause of violent death.

'It might not have involved a gun or a knife, but at 45mph, Lord Mackenzie's car would have killed any pedestrian in its path.

'All vehicle owners, no matter their social status, should be held accountable for their vehicles. As a Home Office crime adviser, Lord Mackenzie should be leading by example instead of exploiting this loophole.'

Sheila Rainger, campaigns manager at the RAC Foundation, said: 'It's very unusual for a case like this to be dropped. It's a serious offence.

'Our concern is that people with status are treated differently from the ordinary motorist. It's very important that the motorist's trust in the system is not undermined.

'With cases like this, Joe Public will think there's one rule for them and one rule for us.'

Carol Hollingham said she couldn't understand why Lord Mackenzie escaped punishment when she was found guilty, fined £145, had three penalty points put on her driving licence.

The 54-year- old mother of three said she had been on a cruise holiday with her mother in October 2005 when her car was caught on camera doing 36mph in a 30mph zone not far from her home in Forest Hall, North Tyneside.

When she got home to find the speeding ticket she was unable to establish whether her husband, one of their three daughters or another relative had been driving the car at the time.

She said: 'I was prepared to pay the fine, because it was my car, but they said I had not made sufficient enquiries to find out who had been driving and took me to court.

'I pleaded not guilty to failing to supply information on the driver but was found guilty. I was told that I should know who was driving the car at the time.

'I was fuming when I learned about Lord Mackenzie having his case dropped because the circumstances seem to mirror mine exactly.'

Like Mrs Hollingham, Lord Mackenzie was summonsed for failing to supply information as to the identity of the driver. He pleaded not guilty and the case was later dropped.

In 2001, Lord Mackenzie, a former head of the Police Superintendents' Association, criticised Cleveland police after superintendent Adrian Roberts got a speeding ticket but was let off by a fellow superintendent.

Mr Roberts claimed he couldn't remember who had been driving his car when it was caught by a speed camera doing 35mph in a 30mph zone.

The peer said at the time: 'To the public it must appear as if Cleveland police are indulging in insider trading.

'Justice must not only be done but be seen to be done and for that to happen there has to be an element of independence in the investigation.

'The force is running the risk of creating a perception that there is one rule for the general public and another for Cleveland police officers.'

A spokesman for the CPS said: 'Every individual case is looked at on its own merits. We are satisfied Lord Mackenzie has taken every step to try to identify the driver of the car, but has been unable to do so.'

Lord Mackenzie is believed to be abroad and could not be contacted for comment.

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