The former chairman of Cleveland Police Authority was jailed on 12 July 2013 after being found guilty of perverting the course of justice.
Mr McLuckie, the former chair of the Cleveland Police Authority and a former councillor, was found guilty at Newcastle Crown Court on 12 July 2013 of attempting to pervert the course of justice. He was handed an eight-month jail sentence for persuading a friend of his to take speeding penalty points on his behalf in 2005.
The former councillor had been caught on a camera driving at 36mph in a 30mph zone in Carlin How in April 2005. Mr McLuckie – who had been driving the car – was driving Mr Maurice Ward at the time but persuaded Mr Ward to take the points that accrued from the speeding offence instead of him. The offence only came to light in 2012 when Mr Ward – correctly believing himself to be close to death – wrote an account of what Mr McLuckie had done. Mr McLuckie defended himself in court on the basis that he thought that he had been “stitched up” and that there was a conspiracy between Mr Maurice Ward and his son, Nicholas, who claimed he had been approached by Mr McLuckie’s daughter (his girlfriend at the time) to see if Mr Maurice Ward would take the points instead. Mr Dry, the prosecuting barrister at Mr McLuckie’s court case, posited that Mr McLuckie had asked Mr Ward to take the points in order to avoid political damage at a time when he was attempting to gain the chairmanship of the Cleveland Police Authority. Mr McLuckie denied this in court.
After Mr Ward published his written account of events a criminal investigation was commenced by the police. This resulted in Mr McLuckie being charged with perverting the course of justice (an offence which is explained below) and a prosecution commencing into Mr McLuckie’s case last year.
The Judge – Mr David Wood – stated to Mr McLuckie: “You did not plead guilty and as a result caused a great deal of distress and anxiety to Mr Ward’s widow… This kind of offence does really strike at he heart of the legal system and is so serious that only custody can be afforded to it.”
Mr McLuckie’s criminal defence solicitors appear not to have commented after the prosecution.
Perverting the course of justice is – as the Criminal Prosecution Service’s guidance makes clear – a serious offence. The offence can only be tried on indictment and carries a maximum sentence of life imprisonment. The offence is committed where a person:
- does an act (a positive act or series of acts is required; mere inaction is insufficient)
- which has a tendency to pervert; and
- which is intended to pervert
- the course of public justice
The course of justice includes the police investigation of a possible crime – for example a false allegation which risks the wrongful arrest or conviction of an innocent person is enough to make out the offence.
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