Judge questions disabled parking badge case

Jul 1 2009 by Rob Kennedy, The Journal

Judge Faulks listed the appeal for October 19 but added: “Now we have got to this stage with an appeal, nearly five years after the event, isn’t it time to say it’s hardly worth it?”

Prosecutor Brian Mark said he would pass the judge’s comments back to the council with a view to reviewing the case before the appeal in October.

Dad-of-one Mr Athey, who is married to Linda, 59, said he thought it was ridiculous his case had taken so long and cost so much.

He said: “If I believed I was wrong I would have paid the fine. Instead of having a simple tribunal, it’s come to the cost and hassle of this.

“Even the judge believed the while thing is ridiculous.

“Only in this country would a council take the small matter of the display of a disabled badge all the way to crown court.

“I wasn’t exactly accused of the crime of the century. The whole thing has been a nightmare that should never have come this far.”

Mr Mark said the council were reluctant to drop the case because Mr Athey had been warned about displaying an out-of-date badge in the past.

The appeal has taken more than four years to get to court because, among other factors, papers went missing en route from the Magistrates to the Crown Court.

Mr Athey, who was a constable with Northumbria Police for 20 years, has had a disabled badge for a bad back since 1991 after he was involved in a serious car accident.

He said: “I have had the badge for 18 years and have never had any problems like this before.