By Patrick Hill

Last updated 12:13, Tuesday, 06 May 2008

A FULL-TIME carer is facing a court appearance for speeding while his disabled wife was having an epileptic fit.

I’d do it again: Sydney Duffy and wife Rovina face a court appearance

Sydney Duffy, 63, was clocked doing 35mph in the 30mph zone on Beacon Edge, Penrith, on February 23 after his wife Rovina, who was sitting in the passenger seat, suffered her third fit of the day.

Sydney, who passed his driving test 43 years ago, has never received a speeding ticket before.

He says his foot must have hit the accelerator as he turned to see what was happening, but police have dismissed his appeal against the punishment – a £60 fine and three points – and ordered him to face magistrates.

He gave up his job as a supplier to the licensing trade to become Rovina’s full-time carer in 1986. She developed epilepsy after suffering from meningitis and brain surgery and now endures up to seven fits a day.

Sydney, who served in the Royal Artillery, told the News & Star: “I couldn’t believe it when I got the letter.

“I was stationed in Hong Kong and Germany and I’ve travelled all over the world, but I have never seen anything like this.

“Rovina is distraught. I tried to keep it from her at first but I had to tell her once the letters started coming through the door.

“Going to court is going to be quite traumatic for her.”

The couple, who have been married since 1963, will both have to attend the hearing because Rovina, also 63, is the registered owner of the Motability hired Vauxhall Zafira while Sydney is the registered driver.

Sydney, of Culgaith, said: “My priority was to get parked and get Rovina in a position where she couldn’t harm herself. I wouldn’t hesitate to do it again.

“I was frightened Rovina would swallow her tongue or bang her head on one of the doors or windows.”

Sydney, who is now considering paying the fine in the hope he will avoid court, says a picture taken by the mobile speed camera clearly shows Rovina holding her head in agony.

He added: “I know when it’s coming because she gets an excruciating pain in the back of her head and holds it.

“All of this has been explained to the police but they don’t seem to care.

“I’ve been a law-abiding person all of my life and would rather die than break the law. You would think they would consider cases like this in context rather than just dismissing them out of hand.”

Rovina, who uses a mobility scooter to get around, said: “He has always looked after me. It’s a 24-hour a day job with lots of stress. This is the last thing we need.”

A letter sent from the central ticket office at Cumbria Constabulary said arrangements are now being made for a court case.

It said: “Whilst I sympathise with the circumstances surrounding your wife’s health, and in particular on this journey, your speed was within the parameters where a fixed penalty will be processed and therefore the penalty will stand.

“Our file has already been submitted to the prosecutions department and you will be sent the relevant paperwork in due course.

“At the court hearing you will be given the opportunity to put all your mitigation to the magistrates for their consideration.”

A spokesman for Cumbria police said: “We cannot discuss specific alleged speeding offences while they are subjudice as it may prejudice future court hearings.

“Anyone caught speeding within the nationally agreed limits has the option of either accepting the conditional offer of a fixed penalty, or taking the matter to court where any mitigating circumstances may be considered by the magistrates.”