A Ramsey man accused of driving on a closed road during the TT race period who later had his case dismissed is now planning on taking civil action for ‘unlawful arrest’ and ‘wrongful detention’.
Alan Kermode ended up spending a night in the cells after he was arrested for allegedly committing the offence while driving a Citroen Berlingo on May 29 at Churchtown in Ramsey, during a red flag incident in a sidecar practice session.
However, on the day pre-trial review was set to take place on August 1, prosecuting advocate Sara Jayne Dodge said that, although the defendant had driven on the closed road, it had been a genuine mistake and he had got off the road as soon as he had realised.
Ms Dodge said that the crown had therefore decided it was not in the public interest to proceed and was offering no evidence, but that the decision had not been born out of evidential failures.
However, Mr Kermode’s advocate Ian Kermode remained angry over how his client had been dealt with.
Now, he is preparing to take civil action against the police on his client’s behalf over the handling of the incident.
He told Media IoM: ‘I can confirm that we are currently in the process of obtaining further information and material in preparation for a civil claim against the police regarding a number of matters including unlawful arrest and wrongful detention.
‘Our client left court innocent in respect of the criminal charge but is determined to pursue civil action.
‘The proposed civil action relates to issues arising from his arrest and at police headquarters and the circumstances of detention (where post-charge bail was not granted), which our client regards as wholly unacceptable and quite frankly disgraceful.’
During the court hearing, Mr Kermode said why his client had been held in cells overnight was ‘baffling’ given his extensive ties to the island.
Magistrates awarded the legal costs of the defendant in the sum of £1,500 plus VAT and dismissed the case.
Isle of Man Constabulary says it cannot comment at this stage while the civil case is being prepared.