A DRIVER who flashed his lights at another driver before overtaking them and slamming on his brakes has had his appeal to reopen the case rejected... after incorrectly telling magistrates he was having an operation.
Glen Walker, of Broadlands Way, Colchester, had been charged with driving a car without due care and attention after an incident on the A12 on New Year’s Day, 2023.
It was then that Walker, 29, caused a collision by slamming on the brakes of his BMW after he overtook another car on the A12.
The case was initially heard in Walker’s absence on July 14, 2023, when a judge at Southend Magistrates’ Court found him guilty and ordered him to pay £1,034 in costs and endorsed his driving licence with nine penalty points.
But Walker appeared in Colchester Magistrates’ Court on Thursday so he could apply to re-open the case, telling magistrates he was unable to attend Southend Magistrates’ Court because he had a hospital operation.
He said: “On the date of the first hearing, I was in hospital for an operation on my leg.
“I did also send a letter in to say I won’t be attending.
“It said I was pleading not guilty and would be on hospital on that day.”
But there was confusion about whether the court received his letter, and after Walker handed papers to the judge to try and prove he had an operation in July, it transpired the operation had taken place weeks before.
Magistrate judge Ian Andrews said: “It says the date of surgery is June 28 and you had physio on July 14 – the surgery was before that [court hearing].
“You had to go to a physio appointment.”
The 90-minute physio appointment took place in Colchester at 7.30am, and Walker argued he was therefore unable to get to Southend Magistrates’ Court to enter a plea because his leg was in a cast.
Judge Andrews said: “We are concerned there is a gap in your evidence you’ve provided.
“You had an early morning appointment – you were taken to Colchester and could have gone on to Southend.
“The interest of justice test is not met, so we will not reopen the case.”
Share