"156 mph" driver cleared on technicality
Failure to serve notice of intended prosecution fatal, says sheriff
A motorist charged with driving at 156mph while holding a mobile phone to his ear walked free yesterday because the Crown had failed to serve an essential notice.
Road safety campaigners were furious that a Crown Office blunder meant that the prosecution of businessman Ronald Klos collapsed.
Klos had been charged with the offences after allegedly being caught by speed cameras on the A92 near Kirkcaldy last year. A third charge related to displaying licence plates not recognised by the DVLA.
However after hearing evidence Sheriff Paul Arthurson found that the Crown had failed to serve the mandatory notice of intended prosecution and that he was therefore obliged to find Klos not guilty on all charges.
He also rejected a Crown attempt to bring an alternative common law charge of culpable and reckless conduct.
The Lord Advocate is now facing calls for an investigation from the police, motoring organisations and an MSP.
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