Technicality halts 122mph charge

Mr Clason said he was relieved and surprised by the court's decision

A man accused of driving at 122mph on a notorious stretch of road has had the case against him dropped over a legal technicality.

Barry Clason, 36, from Bo'ness, was clocked by officers using a speed gun on the Laurieston bypass, near Falkirk.

The trial at Falkirk Sheriff Court ended when it emerged a certificate showing how accurate the speed detector was could not be produced in court.

Mr Clason, who works as a builder, had denied the offence on 20 October, 2007.

Officers from Central Scotland Police said they had heard Mr Clason's Ford Focus ST approaching when it was still half a mile away from their speed trap.

As he drove past them on the 60mph limit route, PC Paul Redwood said he pointed the radar gun at the car.

I'm very relieved and I'm surprised at what happened Barry Clason

He told the court: "The first reading was 120mph and the next was 122mph."

PC Redwood was asked by fiscal depute David Cobb if he remembered the dates on a sticker on the side of the American made Falcon speed gun which showed when it was last calibrated for accuracy.

The officer said: "No. But it was within its calibration dates."

Mr Clason's lawyer, Graham Walker, a road traffic law specialist, objected and claimed the officer's testimony on the gun's calibration was "only hearsay evidence".

'No evidence'

Mr Walker told Sheriff William Gilchrist that in order to comply with the Road Traffic Act, a certificate of calibration had to be produced in court by the prosecution.

He stressed: "There has been no evidence that this equipment was calibrated other than by hearsay."

Fiscal depute Cobb then acknowledged: "In the absence of the certificate, I lead no more evidence."

Sheriff Gilchrist told the driver he was free to go.

Speaking outside the court, Mr Clason admitted: "I'm very relieved and I'm surprised at what happened.

"I didn't really appreciate how fast I was going that night.

"But the people who enforce the law and prosecute must themselves abide by those very same laws."