Police forced to release speed camera facts

POLICE and council chiefs have been ordered to release speed camera information to a motorist challenging a ticket in a landmark ruling.

Lothian and Borders Safety Camera Partnership has been criticised for refusing to release the data requested by a driver accused of speeding near Balerno.

In his first ruling since the Freedom of Information Act became active on January 1, the Scottish Information Commissioner described the handling of the case as "unsatisfactory".

He demanded that the body, which includes Lothian and Borders Police and Edinburgh City Council, sort out its procedures and train staff properly.

The ruling came after Anthony Lewis, 20, of Hillview Terrace, Corstorphine, challenged the partnership's refusal to give him a calibration certificate for the mobile speed camera which flashed him on Lanark Road earlier this year.

Mr Lewis asked for the certificate, which ensures that the camera is working properly and has had distance checks and speed simulation tests, under the Freedom of Information Act.

The Stevenson College business student maintained he was travelling at the permitted 30mph, despite receiving notification that he was being fined 60 and three penalty points for doing 42mph.

He said he was angry that the partnership had withheld information he was entitled to see.

He said: "I mentioned the Freedom of Information Act in my letter, but they just ignored it. I wasn't speeding and I don't think the camera has read my speed accurately. I wanted the calibration certificate to try and prove that but they refused to give it to me until the Information Commissioner got involved. Why would they refuse it if they had nothing to hide?

"I have not heard anything yet, but I don't think they will be taking me to court."

Information Commissioner Kevin Dunion criticised the partnership for refusing Mr Lewis' request and feeding him misinformation. He said the partnership had no right to refuse him on the basis that it constituted police evidence and would be produced in court if required.

He also said a request for a printed copy of a calibration certificate was not unreasonable.

Mr Dunion said the partnership had refused to provide the information without specifying what exemption they were using under the Act and did not inform Mr Lewis that he could ask for a review of the decision.

Sue Nicholson, head of campaigns at the RAC Foundation for Motoring, said: "These things can be damaging to the credibility of an organisation."

A spokeswoman for the partnership said she could not discuss individual cases.

But she added: "We hold our hands up and we know what we did wrong - we have made mistakes. It was very early days and we were overwhelmed.

"We welcome the Commissioner's decision because it certainly will help us and we have already put the policies in place. We know what it is we have to achieve."