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Identification Case – Not Guilty

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    We represented a client who, on our advice, entered pleas of not guilty to charges of failing to give particulars and driving in a reckless or furious manner. The allegations arose from an incident in which the driver of a vehicle was said to have weaved through traffic and collided with a Tesla. The prosecution sought to rely on fisheye footage from the rear camera of the Tesla to establish that our client was the driver involved.

    Although our client was the registered owner of the vehicle, the police had not complied with the legal requirements for establishing who was actually driving at the time. No identification parade was conducted, and no explanation was given as to why proper identification procedures were not followed.

    We argued that the prosecution could not exclude the reasonable possibility that someone else was driving. The magistrate accepted that the identification evidence was inadequate and found our client not guilty.

    Outcome: Not guilty on all charges.

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