A GOLF course owner has vowed to keep fighting against a speeding fine in a legal battle that could result in motorists nationwide claiming millions of pounds in compensation.
Richard Hussey, 62, of Avonfield Avenue, Bradford on Avon, lost his case on Tuesday after magistrates in Devizes rejected his argument that the fixed penalty of £60 and three points on his licence was illegal, because he was caught by a civilian camera operator and not a police officer.
Media organisations from across the country swamped the court to see if Mr Hussey's case would make motoring history.
In the end he was ordered to pay a £1,146 fine and received five points on his licence but he is now determined to appeal to the High Court.
Mr Hussey, who used to run a plant hire company in Trowbridge before running Bradford on Avon Golf Club, said: "I want to go further and fight for justice. It's me versus the authorities.
"I felt very disappointed. I really hoped they'd be able to say they thought we were right and civilians can't actually do a police officer's job.
"I would have just paid it if it had been a police officer and taken the three points but I feel there is a principle that needs to be ironed out."
He said he and court staff were flabbergasted' the case had attracted such attention from the media but added he was excited at the prospect it could affect so many people nationwide.
"If we go on and win it will have serious consequences for the road traffic police because it will mean all those people who have been prosecuted by civilians stand a good chance of having their verdicts overturned," he said.
Mr Hussey received the fixed penalty notice last year after being caught speeding on July 8 in a 30mph zone in Southwick.
The court said he had been driving at 48mph but he realised after the case that his original notice states he was actually snapped at 43mph.
He was caught by a laser camera operated by civilian Peter Cowdry, who is employed by the Wiltshire Safety Camera Partnership.
Mr Hussey said: "Wiltshire is one of the few counties to let civilians do this sort of job. The rest all employ police officers. How can civilians have police powers?
"I'm confident it'll be worth going to the High Court to get a ruling. I'm sure there are lots of people in the same position as me but no one else had the confidence or determination to go ahead and take it to court. There is quite a lot of resentment against speed cameras because they are a huge money earner and I think the way they operate is quite devious."
Mr Hussey is being helped by his friend Mike Morgan, a Corsham-based electronics engineer who set up the website www.pepipoo.com which helps people who believe they have a legal case against minor motoring offences.
Mr Morgan spoke for Mr Hussey in Tuesday's hearing and told magistrates there was no Act of Parliament allowing civilians to become traffic enforcement officers or give evidence in a criminal speeding case.
Ruth Jackson, prosecuting, said the law only asks for a witness, who does not have to be a serving police officer.
After the case Mr Morgan said: "With all due respect to the magistrates, the case will really lie in what the High Court says. We didn't expect the case to end at Devizes magistrates' court."
Mr Hussey has said he is willing to take the case all the way to the House of Lords if necessary.
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