Exclusive by Phil Coleman

Last updated 11:52, Saturday, 17 May 2008

POLICE have dropped their prosecution of a Penrith man who inadvertently broke the speed limit by 5mph because his disabled wife was having an epileptic fit.

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Nick Freeman: The celebrity lawyer offered his services for free

Cumbria police confirmed yesterday that they had scrapped the case against 63-year-old Sydney Duffy.

Earlier this week celebrity lawyer Nick Freeman – famous for representing the likes of David Beckham and Jeremy Clarkson – offered to represent Mr Duffy for free.

A speed camera caught Mr Duffy doing 35 mph in 30 mph zone at Beacon Edge, Penrith, on February 23, as his wife Rovina, in the passenger seat, suffered a fit.

Mr Duffy’s foot slipped as he tried to get off the road quickly to avoid an accident.

Despite the police camera’s image clearly showing his wife’s distress, and police saying they felt “extreme sympathy,” the force dismissed his appeal and ordered him to pay a £60 fine or face court.

He also faced having three points on his licence if convicted by magistrates.

Mr Duffy, who passed his driving test 43 years ago and has always had a clean licence, said he was relieved the case was now ditched, while Mr Freeman said it should never have got so far.

Mr Duffy, of Culgaith, Penrith, had explained how he felt his first duty had been to his wife. “I was frightened she would swallow her tongue or bang her head on the door of the window,” he said. His priority had been to get parked and get his wife, 63, into a safe position.

Speaking yesterday, Mr Duffy said: “My wife had been in a hell of a state about this, depressed and anxious. I could have ended up with a criminal record over this.

“We didn’t sleep for three or four nights. What got me was when they said that they sympathised with me but then said they were preparing the papers for the court case.

“But we’ve had some tremendous support from local people, with some of them knocking on the door and saying they hope everything works out.

“We must have had about 40 well wishers from within the UK get in touch. Mr Freeman also got in touch and said that he would represent me free of charge.

“He said he hated to see cases like mine, which had been so badly thought out by the police and powers that be. He said he wondered how many people just walk away and pay the fine.

“But if newspapers such as the News & Star had not got involved, I don’t think the case would have been dropped.”

Mr Freeman said: “At least common sense has prevailed in the end. I felt disbelief when I read about this case. If a police officer had stopped Mr Duffy, he’d have exercised his discretion and rendered assistance, perhaps calling an ambulance.

“The problem with cameras is that they’re a little like Robocop, and have no discretion. Somebody who legally and morally was totally innocent was threatened with being dragged through the court system.

“The police had considered the papers and yet they still decided to prosecute. It should never have gone that far.”

A Cumbria Police spokesman said: “All speeding cases are subject to review. Where appeals are made, decisions will be considered on the individual merits of that particular case. We will continue to prosecute where circumstances require it."