Rocky evidence of four PCs in a field

MAGISTRATES dismissed the sworn testimony of four police officers who claimed a patrol car had been shunted in a drink- drive case.

Gavin Mather (40), of Roche Road, Delph, admitted drink-driving and failing to stop after being pursued by police, but denied causing criminal damage.

Oldham magistrates yesterday acquitted him of the charge following a trial, after being unconvinced by the officers who captured him.

Mather admitted drinking four pints of strong lager at the Swan pub, Delph on May 26, 2008. He said when the landlord asked him to move his Mercedes from the car park he foolishly decided to drive it home as there were double yellow lines on the road. He was double the drink-drive limit.

Two police vehicles were in wait and followed with Mather speeding off when they put their emergency lights on.

He turned into his father’s field off Lodge Lane pursued by two officers in a Ford Fiesta.

Two more officers in a 4x4 Nissan Terrano entered the field and stopped in front of a gate to block off an exit.

The four — PCs Neil Grindrod, Christian McCormick, Mark Burtonshaw and Stuart Manning — claimed Mather leapt from his vehicle while it was travelling at between 10 to 20mph and fled through some bushes saying the car then ploughed down a slope and into the Nissan, shoving it against a tree.

PC Grindrod chased after Mather and arrested him after finding him in some bushes.

But Mather insisted he had parked the car at the bottom of the field before fleeing and the damage must have been caused by the police driving into bushes and his car as they struggled to control their vehicle on the wet field.

He denied being reckless, adding: “I would find it hard to leap out of a coupe with leather seats at 15mph.”

Prosecutor Caroline Patrick said the automatic Mercedes may have continued to slide down the field’s wet slope even if placed in park.

But Alex Menary, defending, pointed out there were inconsistencies between police statements and their evidence in court, they hadn’t taken photographs of the damage and their claims of the damage caused was far greater than the £595 repair bill for the Nissan.

Neighbour Susan Kremner said she saw the Mercedes park up on the field and did not see it roll into the Nissan.

And collision expert Rod McKinnon, a former police officer, said a dent on the Mercedes was trivial damage, likely to have been caused by a minor collision while it was parked.

The car key was on Mather when arrested and could only be removed if the vehicle is in park and stationary.

Magistrates said: “There were areas of the police officers‚ evidence that were inconsistent and unconvincing. The defendant has been consistent in his evidence throughout and has been supported by an expert witness.

“We have significant doubts about the validity of the prosecution in this case and the benefit goes to the defendant.”

Mather was given a 12-month driving ban in 2004 for drink-driving and will automatically get a three-year driving ban.

Magistrates said the aggravating factors of excess alcohol, failing to stop, putting other road users in danger, and fleeing from officers meant a fine was not appropriate and they would give a community sentence. But they first adjourned the case until Monday for a report to be compiled by probation.