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The sentencing of a prolific fare evader, apprehended without a valid train ticket on over 100 occasions, has been postponed due to concerns raised by a judge regarding the legal proceedings.
Charles Brohiri, reportedly owing in excess of £30,000 in penalty fares, was caught 113 times by Govia Thameslink ticket inspectors, Westminster Magistrates court heard.
Despite accruing an additional 30 offences since his previous court appearance in May – with the most recent penalty fare issued just two days prior – Brohiri was granted bail.
A district judge adjourned Brohiri’s sentencing until December, citing apprehension over the possibility that the case against him was initiated with a lay prosecutor, following warnings issued to rail firms regarding the legality of such practices.
Lay prosecutors, who lack formal legal qualifications, have been employed by rail companies to present fare evasion cases in magistrates courts.
Last week, the Department for Transport cautioned rail firms that permitting non-lawyers to act as prosecutors in court cases involving passengers accused of fare evasion constituted a “criminal offence.”
Earlier this summer, Transport Secretary Heidi Alexander addressed train operators, stating: “We would not expect you to use lay prosecutors to present cases in court and carry out other regulated legal activities until you are confident that it is lawful to do so, having taken advice as appropriate.”
This situation has brought increased scrutiny on how train operating companies have pursued fare evaders and prosecuted passengers who have made honest mistakes.
The utilization of a lay prosecutor by Govia Thameslink, a practice reportedly widespread throughout the rail industry, appears to be influencing the ramifications of this case.
The judge affirmed that Mr. Brohiri would not be held in custody while a review of his case is underway, with a subsequent hearing scheduled for December to facilitate legal representation.
District Judge John Zani stated to the court that he needed “to be satisfied and an inquiry into whether into category 1 proceedings began with a lay prosecutor, and whether they were valid, and whether there are material consequence as to whether it began with a lay prosecutor”.
District Judge Zani added “the court has to grapple with these arguments”.
A Govia Thameslink (GTR) spokesperson stated: “These are matters before the court and GTR does not comment on ongoing legal proceedings.”
District Judge Zani instructed Brohiri “not to be present on or attempt to gain access to any train owned or operated by Govia Thameslink”.
He further emphasized: “It is important now you take this seriously.”
Brohiri is scheduled to reappear in court on December 16.
The rail operator said its internet service provider was dealing with a connectivity issue.
A GWR train completes a 200-mile (322km) return journey from Reading without charging its batteries.
Network Rail says it has identified extra issues that need to be addressed before work starts.
Services from Liverpool Street to Braintree, Colchester, Clacton, Ipswich and Norwich, are affected.
More than 13 miles (20.9km) of power cables are being replaced between Nutfield and Leigh.
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