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Driver did not know he was disqualified



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Published Date:
18 September 2007
A motorist who did not know he had been disqualified from driving ploughed his car into someone's garden and fled the scene.
Siphiwe Sylvestor Gamede had been banned from the road for 24 months in February 2007 for drink-driving offences.

But in the early hours of July 1 he lost control of a Volkswagen Golf on the A17, ploughing through the front garden of a property on Boston Road, Holbeach, and leaving it overturned.

The house owners awoke the next morning to find it empty and notified the police, who traced the owner. He said he had lent the car to his friend, Gamede, on the assumption he was insured.

Gamede (24), of Queen's Road, Spalding, admitted driving while disqualified and failing to stop or report a road accident when he appeared at Spalding Magistrates' Court on Tuesday.

He also admitted using a vehicle without motor insurance.

He moved to the country a year ago and had been sending back money to his native country, because he is partially responsible for two children there.

He was aided in court by a Zulu interpreter and Ann Whinyates, defending, said he had a working understanding of English but was unaware he had been banned from driving, believing the punishment handed out at Peterborough Magistrates' Court in February had concluded the matter.

She said: "He thought he would either go to prison for two years or pay a £400 fine. He paid the fine and thought that was the end of it."

She added: "He has shown himself to be a good citizen in every way, save for his difficulty of understanding issues in law."

Sentencing was adjourned until today for pre-sentence reports.

The full article contains 289 words and appears in Lincolnshire Free Press newspaper.
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  • Last Updated: 17 September 2007 12:22 PM
  • Source: Lincolnshire Free Press
  • Location: Spalding
 
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rex imperator,

crowland 19/09/2007 11:46:05
Mr Gamede's story is so unlikely as to beggar belief. In my experience, magistrates very, very rarely disqualify except in the presence of the convicted. They do have the power to disqualify in absence, but as far as I know this has not been tested in the courts by someone who claims not to have known this was done to him. All disqualified drivers have to sign a form confirming that they understand. Magistrates always explain, in plain language, that driving whilst disqualified is imprisonable and that is what the defendan should expect. Peterborough Magistrates' Court has a very large number of such cases conducted through interpreters (listen to Cambridgeshire Chief Constable talking about this very thing today) and the defendant would have been in no doubt whatsoever of his obligations. I hope the Spalding magistrates will seek to keep Mr Gamede off our roads and punish him with a short sentence of imprisonment. Being fairly early into a lengthy ban (four or five months into 24), a deliberate act of driving, admissions by inference he had been driving regularly and fleeing the scene (albeit with some credit for a guilty plea) sounds like about a three month custodial sentence to me, which should not be suspended, for protection of the public. Let's see what they do.
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