As an ex-cop and having reviewed the televised account of Mr Cummings I am puzzled as to why, given his keenness to talk about the matter, he did not initially attend a local Metropolitan police station and offer an explanation? Out of force enquiries are not unusual and he would have been afforded all of the criminal justice system safeguards. Perhaps this may have helped better manage the obvious media interest?
If I had stopped his vehicle at the time of the incident I would have asked questions and listened, and having had reasonable grounds to conclude that the law had been broken, as Durham Constabulary allude to, would have initially considered a less intrusive remedy, such as verbal advice or a warning, especially in view of the presence of a young child. Within the context of the length of travel and potential threat of virus infection to the wider community, with both adult occupants having had or displaying COVID-19 symptoms, I would have issued Mr Cummings with a Fixed Penalty Notice (FPN).
If Mr Cummings, after caution, had mentioned that he was driving his car on a public road to test his eyesight I would have walked away momentarily as I believe it would be the height of bad manners and wholly unprofessional to chuckle during the enforcement process.
I remain convinced that should he have appealed the FPN as a law graduate and having reviewed the conclusion of Kirsty Brimelow QC of Doughty Street Chambers, “As to the responsibility of his actions, it is completely clear that Mr. Cummings breached government guidance which is presumed to be responsible.” that any appeal would have been dismissed and the conviction would stand.
Humans are flawed, laws fail yet perceptions have consequences too. Those in power must reach higher as they carry the hopes of others. Where actions raise anxieties in the wider community the only cure is remorse and a willingness to learn for the sake of the many. Failure leaves me angry and wary.
Regards,
Ian Kirke
© Ian Kirke 2020
Title photo by Kane Reinholdtsen on Unsplash