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Judge blasts Spurs star for 'frivolous' speeding appeal
11 Nov 2009Tottenham and England footballer Jermain Defoe "played the litigation game" in an attempt to avoid speeding fines, a judge said today.
Judge Anthony Goldstaub QC said Defoe's appeal against two speeding convictions was "frivolous and vexatious".
He told Chelmsford Crown Court that the appeal had been based on "ill-conceived technical points".
Defoe, 27, of Cuffley, Hertfordshire, appealed after being disqualified from driving in July.
The striker twice broke a 50mph speed limit on the M11 northbound in Chigwell, Essex, last year, Chelmsford Magistrates' Court heard.
District Judge David Cooper was told that Defoe's luxury black Land Rover sports vehicle was clocked travelling at 65mph on April 16 and 81mph on June 5.
Defoe denied any offence but Judge Cooper found him guilty of speeding and failing to inform the authorities who was driving.
Defoe was fined £1,500, disqualified from driving for six months, had 12 penalty points added to his licence and was ordered to pay £600 costs.
Defoe appealed and that appeal was dismissed by Judge Goldstaub following a hearing at Chelmsford Crown Court on Friday.
Today Judge Goldstaub gave his reasons for dismissing the appeal.
Defoe was not present in court to hear the judge explain why the appeal failed.
Defoe's lawyers based the appeal on four points. They argued that there was no evidence to prove that Defoe was driving; prosecutors had not proved that paperwork was issued by a person authorised by the chief constable of Essex; the court could not be sure that Defoe had received speeding notices; and the court could not be sure that Defoe had not responded to the notices.
Judge Goldstaub said the appeal was based on "technical and legal points empty of substantial merit".
"This appeal is a frivolous and vexatious piece of criminal litigation by the appellant and should never have been initiated," said Judge Goldstaub.
"It is based on technical and legal points empty of substantial merit and bad in themselves."
The judge said paperwork had been completed by authorised agents of the chief constable.
And he said it was "inconceivable or at best highly fanciful" to assume that post addressed to Defoe had twice gone astray.
The judge said he was equally sure that Defoe had not responded to the notices.
"(I) am sure beyond reasonable doubt on the evidence that the appellant was driving on both occasions," said the judge.
"(I) don't know why the appellant ran these sad and ill-conceived technical points.
"He must have been fully aware that, in reality, he was the driver and he had broken the speed limits.
"(I) think he chose to give the prosecution a run for the money regardless, simply because he could afford to play the litigation game.
"(I) regret this. His lawyers will have advised him it is a game of dubious validity."
The judge added: "(I) regret this appeal, which has taken up a day's court time when people are waiting in custody for trials on serious charges which should have been brought."
The judge will decide later whether Defoe should pay the full costs of the appeal.
Prosecutors said they spent more than £1,500 of taxpayers' money preparing for the hearing.
Dean George, for Defoe, told the court that he did not know what the defence costs would total.
At the magistrates' court hearing in Chelmsford on July 10, Defoe was represented by celebrity lawyer Nick Freeman's firm of solicitors.
Mr Freeman earned the nickname Mr Loophole after successfully defending stars including footballer David Beckham and television presenter Jeremy Clarkson.
Reader views (9)
Sorry but lawyers who know the facts but defend indefensible actions purely on the basis greed are just as guilty.
Such lawyers are clearly immoral, they remove criminal deterrent, and fight for injustice. I personally believe such people will get their just rewards in the next life
- Stu, Ely UK, 12/11/2009 11:52
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He should be locked up for attempting to pervert the course of justice. Thats what would happen to us ordinary minions. But he`s a footballer so he can do what he wants.
- Matt, Islington, 11/11/2009 22:25
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Lock him up.
- Mick, London, England, 11/11/2009 16:41
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Is this the same driving ban that Defoe is suing the police for pulling him over in a "racist campaign" against him? Presumably the police are now in the right as Defoe was found guilty and retrospectively he had lost his license and had no right to drive? Thus they can be exonerated, or will that infringe his “human rights”?
- Bob, Cheam, 11/11/2009 16:26
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What we now need is for the judge to charge Defoe for the FULL costs of the appeal. That is the least he can do to punish Defoe for tying to buy his way out of justice and wasting taxpayers money on frivolous appeals.
It may also help deter the parasitic behaviour of lawyers acting for celebrities in cases where the guilt is not in doubt, but who simply:
(a) try to find the most ridiculous loophole - can you prove that he never replied to a letter that he says never received; after all he could have forgotten that he received it and forgotten that he replied to what he insists he did not receive, or
(b) construct bogus scenarios, such as the celebrity fearing that he was being chased by Martians, and therefore justifiably had to flee at top speed from little green men in a car (or possibly men in a little green car - an easy mistake to make - as there are little green men everywhere) so as to protect his family whom he naturally assumed were in the back of his sports car and not, as was actually the case, on a billionaire's yacht in the Caribbean, an understandable mistake to make in his panic,
in an effort to trick their way out of justice.
- William, London, 11/11/2009 15:22
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Good, at last someone with commonsense. I also think that the courts should punish Daftoe further for wasting their time, say a further 6 months driving ban.
- David, London, 11/11/2009 14:14
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What poor human beings people like Jermain Defoe are,what a poor man,people like him think they are above the law and they will twist and squirm like a bag of snakes to ovoid there just and deserved punishment.O for the days when men where men and had the guts and decency once caught for a misdemeanor to accept the punishment with grace and honesty.Not to mention the example it sends out to young people that may idolise the football player.And this behaviour of course then translates onto the pitch,hence the tantrums on the field.shame on you Mr Defoe and all those like you.
- Kev, London-UK, 11/11/2009 13:57
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It makes me sick, people with money, think they can and should get away with it, shut up, pay up and stop spending hard earn tax payers money on issues you create and then dont want to foot the bill for your own mistakes, welcome my friend to my world.....
- Tee Kaur, berkhire, 11/11/2009 13:25
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An expert judgement by the learned Judge Goldstaub - Hopefully that will deter frivolous time-wasters from lodging pointless appeals when they have already been convicted.
So many arrogant footballers believe they are above the law - well I've got news for you....you ain't!
A good result - well done for dismissing Defoe's appeal.
- Anon Pc, London, UK, 11/11/2009 13:01
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