Drivers lose human rights case

12 April 2012

Two British drivers have lost their right-to-silence appeal to the European Court of Human Rights in Strasbourg over their speed camera convictions.

Judges in Strasbourg decided by 15 to two that the two drivers did not have their human rights breached.

Idris Francis, 67, from Petersfield, Hampshire, and Londoner Gerard O'Halloran claimed that forcing car owners to reveal who was behind the wheel following a speed camera offence breached their human rights.

Mr Francis said after learning of the ruling: "This is a perverse decision and I am shocked and amazed."

Both men were convicted of speed camera offences, with Mr Francis refusing on grounds of the right to silence to say whether he had actually been behind the wheel.

His 1938 Alvis was photographed doing 47mph in a 30mph zone.

Mr O'Halloran's car had been caught on camera doing 69mph on the M11 where a temporary speed restriction of 40mph was in force.

He did admit to being the driver but later invoked his right to silence and protection from self-incrimination. But magistrates refused to exclude his confession and fined him and put three penalty points on his licence.

Mr Francis was also fined and incurred three penalty points.

Judges in Strasbourg heard the cases of the two men last September and have just given their verdict.

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