Police cost-cutting blamed as judge throws out case

Confusion over the identity of a man accused of drink-driving has been blamed on cost-cutting by police.

The issue was whether the man in court was the same man a constable found driving in Papanui in January 2005.

Jarrod Ross Davies, 26, said it wasn't him and must have been a previous flatmate using his name and driver's licence.

At Davies' hearing in Christchurch District Court today, Judge David Saunders said: "It is regrettable that as a result of cost-cutting measures in the police station at the time, no photograph was taken."

He dismissed the charge of driving with excess breath-alcohol.

Police prosecutor Sergeant Dave Robertson said he would be recommending to the Papanui police station that it restore the system of taking photographs of offenders. A digital camera was now available at the station.

Defence counsel Chris Persson produced police photographs of Mr Davies and his flatmate -- who now lives in Australia -- to indicate they had a similar appearance.

He was critical of Land Transport New Zealand rules which prevent a driver getting a copy of his own driver's licence photograph. He had tried to get licence photographs of both drivers.

Davies said he was disqualified at that time and living at Springston. He was working for a well-drilling firm and would not have been out in the early morning, when the driver was caught.

He acknowledged that he had not reported his licence stolen, and he did own that car from about a month after the incident. He bought it when the former flatmate moved to Australia.

Davies did not receive the summons because it was not sent to his address, and a warrant for his arrest was issued. He made a voluntary appearance in court last November.

Judge Saunders questioned Davies when he gave evidence, to make sure he understood the serious penalties for perjury.

Mr Robertson also pressed Davies about the issue, saying: "Once you became aware that your photograph had not been taken, you saw that as an opportunity to deny that this was you." Davies rejected that.

The judge said the constable was certain that Davies was the driver he stopped and he regarded the constable as an honest witness, but he took account of the long time that had elapsed.

"There is an area for mistake given the fact that there were no other details independent of the visual identification that can be relied on," he said.

Senior staff at the Papanui station were not available for comment.

- NZPA