This lady has written a most interesting piece and though the matter is in court, I believe that she wants to tell her story. It goes like this:

"Good day to you Sir,

Could you please offer me some legal advice on how to proceed with this matter.

In December 2005 I was involved in a motor vehicle accident with an unmarked Police vehicle assigned to a Police Station. This vehicle had no sirens, no flashing lights, no sounding horn when it proceeded to run the red light at the intersection and collide with my vehicle which had stopped in the middle of the road when I saw them coming. Please note that said vehicle was speeding in the right filter lane but was obviously heading straight across the intersection. After hitting my vehicle the unmarked police vehicle hit the median on the opposite side from which it was traveling, and subsequently spun and overturned. Thank God there were no fatalities.

When the vehicle collided with my car, I saw clearly the person (a man) who was sitting in the left passenger seat. However, I did not see who was driving as this person was blocked by the passenger. When the police vehicle overturned and landed on the passenger side, I observed a female alighting from the vehicle through the window of the driver's side (which was upright and in the air). It was at this time that I realised that the occupants of the vehicle were in fact police (plain clothes but in vests). I went over to the police vehicle to render my assistance and observed the male passenger still trapped in the vehicle. He was assisted out of the vehicle by other motorists.

Now the problem is this. The policeman, who was the passenger at the time of the accident, has declared in his statement that he was in fact the driver and not the female cop. I have since learned that the female cop who is at the rank of Constable, was not authorised to drive the police vehicle. This matter is now before the courts as I am being charged with dangerous and reckless driving. I did absolutely nothing wrong .... my light was on green when I entered the intersection and I was not speeding as I stopped my car when I saw the vehicle coming towards me and waited approximately three seconds before impact. I have been driving for over 10 years and have never before been in an accident nor received a traffic ticket.

Solution

How do I go about proving that the Police are lying and covering up the identity of the real driver. My aunt who was a passenger in my vehicle reported in her statement that she did in fact see the policewoman behind the wheel. What can I do to prove my innocence?

Thank you for your help."

CALM DOWN. There is no need to panic. The first fundamental point is funny but true in that you are presumed to be innocent until proven guilty so there is no need to prove your innocence.

The second point is to go to court and give cogent and credible evidence to a tribunal that will determine who was liable for the accident. Your evidence in court will be a clear recollection of what you observed and this will be supported by the evidence of your aunt who I believe will give evidence that will not conflict with your evidence. Of course, both the evidence presented by you and your aunt must be tested in cross examination so you have to prepare for that. What might be useful is whether or not you could get at least one 'independent' witness to support your case. You said other motorists assisted you. Efforts should be made to contact one of these motorists to come to court and give evidence.

It is imperative that you give the matter very serious consideration. Since you should have an insurance policy you should report it to your insurance company as it might be able to provide some assistance and guidance. Secondly, you may seek the help of an attorney-at-law who would help to prepare you and your witnesses for court. Remember that persons were injured and property was damaged so if you are found to be liable for the accident, the consequences could be devastating unless the insurance company comes to your aid and that is why it must also be involved in the process.

My final point is to say that you should have faith in the judicial system. The truth will set you free. Don't panic. Keep a cool head.

Keith N. Bishop is an Attorney-at-Law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knb@bishopfullerton.com