A retired Wigan grandfather, who served as a Police Sergeant for 28 years, has had his conviction for an alleged road rage incident overturned after a successful appeal last week.
Bernard Donning, who was represented by Stephensons Solicitors LLP, had been found guilty at Wigan Magistrates Court in April of a public order offence of using threatening and abusive language to another motorist - a Police Inspector – who he said had ‘cut’ him up while driving on Queen Street in Wigan in November 2008.
It had been alleged that Mr Donning had verbally abused Inspector Mark Chadderton and had punched his car window. It was also said that Mr Donning had driven into the Inspector’s knee as he tried to photograph him on his mobile phone. The altercation ended in Mr Donning’s arrest by Inspector Chadderton.
He was sentenced to a suspended prison term, a six week curfew and a financial penalty.
But at Liverpool Crown Court last Thursday, Judge Morrow QC said that the Inspector’s account in which he maintained he had not ‘cut’ in front of Mr Donning and carried out a dangerous manoeuvre was ‘not tenable and was unrealistic’. He also rejected the Inspector’s assertion that Mr Donning had forcefully punched the car window on a number of occasions and commented that he had ‘misused his position’ in dealing with Mr Donning.
Mr Donning said: “The last ten months have caused incredible stress for myself and my family, but they have always believed me and have been very supportive as we fought to clear my name.“
Neal Boland, senior partner at Stephensons, said: “We are very pleased that Mr Donning has been acquitted and his legal costs taken care of. The outcome of the initial trial caused a great deal of embarrassment to him and his family and so this appeal will allow him to clear his name at last.”