The Criminal Cases Review Commission has referred to the Court of Appeal the conviction of David Wilkinson for failure to comply with a notice under the Town and Country Planning Act 1990.
Mr Wilkinson was convicted at Epsom magistrates’ court on 23 February 1994. He was fined £400 and ordered to pay £600 costs.
The prosecution contended that Mr Wilkinson had failed to comply with an order to clear disused vehicles and other debris from land at his farm in Chipstead in Surrey. The prosecution was brought by Reigate and Banstead Borough Council.
Mr Wilkinson appealed to Guildford Crown Court on 5 August 1994. His appeal was dismissed. In 2004 he sought leave to bring Judicial Review proceedings out of time. The Single Court refused in October and the Full Court in November.
On 1 December 2004 he applied to the Commission. Having considered submissions, including claims of an abuse of process, the Commission has decided to refer the case back to the Crown Court.
The Commission is the independent public body set up by Parliament in 1997 to investigate possible miscarriages of justice in England, Wales and Northern Ireland to decide if they should be referred to the appeal courts.
Mr Wilkinson is not legally represented.
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