CVIT Driver wins appeal
Wednesday 9th June
There was a lack of understanding of hazards of attacks on
vehicles delivering and picking up cash to supermarkets and banks
and the need to get the vehicle as close as possible to the pickup
or drop off points.
A GMB member from London, employed by G4S as a driver of a
security cash vehicle, has won his appeal against conviction and
sentence for parking his vehicle on double yellow lines at Kings
Cross Station. The appeal took place at Southwark Crown Court and
started on 28th May 2010.
The G4S driver was summonsed to appear at City of Westminster
Court last year for an allegation of unlawfully parking his G4S
vehicle on the precinct at Kings Cross station.
The driver was also accused of assaulting a British Transport
officer during the interaction with British Transport Police
officers at Kings Cross at the time of the alleged incident. GMB
maintained that the actions of the police that day was tantamount
to an assault on our member, rather than the other way round, as he
was making a collection in excess of £20,000 from the GNER offices
at the station at the time.
The driver was originally found guilty of assault and of the
parking offence at his trial in November 2009. GMB adviced
that he should appeal against both his conviction and the sentence,
as in the unions opinion the conviction was erroneous and if left
to stand would have implications concerning his registration with
the SIA.
The case was listed for a full one day appeal hearing at
Southwark Crown Court on 28th May 2010 and the verdict was handed
down yesterday. This is the second case of a GMB member being
acquitted for this offence as another member was acquitted recently
of the same charge.
Paul Meddes, GMB Regional Officer for the security
industry said “It is my view that the case was never
properly understood by the District Judge at the original trial.
There was a lack of understanding of hazards of criminal attacks on
vans delivering and picking up cash to supermarkets and banks and
the need to get the vehicle as close as possible to the pickup or
drop off points.
I am pleased to say that, following detailed
representations by GMB to the Crown Advocate and the disclosure of
various documents, the Crown Prosecution Service told us that they
were not intending to oppose the appeal. The new information they
looked at involved materials from GMB on the national campaign to
stop the numerous criminal attacks on vehicles carrying cash and
valuable and the risks run by drivers to their lives and
limbs.
In addition the original application for further
disclosure of documents from the prosecution, regarding the
alledged assault, was rejected by the District Judge. Had
this been granted then the outcome at trial would have probably
been different. Members employed in this industry need the
support of the police and the courts not hassle from
them.
As a consequence our members appeal was allowed and his
conviction set aside. In addition he was awarded a costs
order in his favour and so his legal fees will be paid from central
funds.
The member is extremely grateful to the support he
received from the GMB and very happy with the outcome especially as
there will be no danger of him losing his Security Industry licence
or his job.
This was the second of this type of case that GMB has
taken regarding parking and GMB are pleased to be able
to keep up our success rate in securing less risk for our members
in this dangerous industry.”
End
Contact: Paul Meddes, GMB Regional
Officer 07738 457 622 or GMB Press Office, Rose Conroy
on 07974 251 823 0r Steve Pryle on 07921 289880