A COACH driver hailed the ‘luck of the Irish’ after a judge quashed his speeding conviction due to a no-show by prosecutors.
A clerical error by the Crown Prosecution Service meant Noel Cooney faced no opposition at an appeal hearing.
The Irishman, who describes himself as “a bit of a gambler”, said he was not even required to present his defence argument at Aylesbury Crown Court.
In August last year, magistrates said the school bus driver was guilty of breaking a 30mph limit on Holtspur Lane in Wooburn Green.
Despite being clocked doing 39mph, Mr Cooney had denied the charge, saying he had to speed to get a coach-load school girls up the hill in an ‘ancient’ vehicle.
Facing court costs of £620 and a fine, the 75-year-old appealed against the conviction - though this could have landed him with a further charge of about £2,000.
The Uxbridge resident represented himself at the appeal hearing on January 6, in front of Her Honour Judge Cutts.
He told the Bucks Free Press afterwards: “It was all over in about ten minutes. The judge said ‘well you’ve turned up, we’ve turned up, the Thames Valley Police hasn’t turned up, we’ve decided to allow your appeal’.
“I was completely shocked....It could have gone really bad, but they didn’t even ask for my defence, which I had all written out.
“It was pure luck and nothing to do with any skill from me. If Thames Valley Police had arrived I wouldn’t have won, though I still think their evidence was a little bit wobbly.”
Thames Valley Police said it was not represented in court because the force did not receive notification of the appeal hearing date.
Steve Chappell, Deputy Chief Crown Prosecutor (Operations) for Thames and Chiltern Crown Prosecution Service, said: “This is an isolated incident. I am disappointed that this clerical error has led to an appeal being upheld.
"Lessons have been learned and I will make it a priority to work with the court and the police to review our systems and processes to ensure that this situation does not occur again.”
Mr Cooney, who lives in Uxbridge, still drives buses for pupils at Beaconsfield High, as well as Dr Challoner's Grammar School. He no longer has to pay the fine or costs incurred at the magistrates' trial, while the penalty points have been wiped from his licence.
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