Missing witness stops Latics’ captain’s trial

Sean Gregan

A DRINK-drive charge against Oldham Athletic’s captain Sean Gregan has been thrown out of court after a CPS blunder.

The footballer was due to face trial at Rochdale Magistrates Court on Friday, but a key prosecution witness failed to attend.

Magistrates refused the Crown Prosecution Service’s (CPS) application to adjourn, and the case was withdrawn.

Mr Gregan, of Hereford Road, Harrogate, was driving a Volkswagen Golf on the M62, near Rochdale, on October 3 when he was stopped by a police officer at 9.05am. He was breathalysed at the scene and then taken to a police station and later charged with driving with excess alcohol.

But the court heard that the witness responsible for analysing a urine sample was on annual leave in the Lake District and had only been informed to attend a week before — despite the case being listed for two months and a pre-trial review held to ensure it ran smoothly.

Caroline Patrick, prosecuting, said there were discrepancies over the urine test and the witness was crucial.

John Dye, defending, said: “The crown has shockingly not checked that a witness, always required, wasn’t available until 10 days before the trial.”

He said Mr Gregan had been marginally over the limit, with a urine sample of 109 milligrams of alcohol in 100 millilitres of urine. The legal limit is 107mg.

He added: “He’s mortified to be in this position as a man of good character.

“He has got himself mentally ready for this case and for him to be told on the day it could be adjourned is shocking.”

He argued that Mr Gregan had given up his time to attend when he should have been preparing and travelling down to London for Latics’ game against Leyton Orient on Saturday.

He added that the case had been hanging over Mr Gregan since October and he had paid to be represented, while taxpayers’ money would be wasted by the court sitting empty instead of progressing.

Magistrates agreed with his argument. Chairman of the bench, Pat Barr said: “We have taken into account the history of the case and earlier hearings.

“We think the Crown should have been in a position today to proceed after being given clear directions by the district judge that the matter should go ahead.”

After the hearing, Mr Gregan, who turned 35 yesterday, declined to comment. Mr Dye said he would be applying for his costs to be paid.

The CPS said the defence team only confirmed on March 17 that they needed the witness in court.

The former Premiership player, whose previous clubs include Preston and West Bromwich Albion, signed for Latics from Leeds United in 2006.

A central defender, he has played over 600 league and cup games in his career.