Driving convictions against lawyer Madeiros quashed
Astwood quashed two lower court convictions against imprisoned lawyer Lawrence Madeiros yesterday.
Sir James ordered that the sentences imposed last July be set aside, and all fines returned to Madeiros.
The disgraced lawyer was accused of hitting another car outside The Fisherman's Reef restaurant on Burnaby Street on the evening of December 14, 1990, and driving off.
Magistrate the Wor. Cheryl-Ann Mapp fined Madeiros $500 and disqualified him from driving for one year for driving while impaired and failing to stop for an accident.
Another charge of refusing to give a sample of breath for analysis was dismissed by Mrs. Mapp, because he was not seen committing an offence.
A witness testified he saw a cream-coloured car back into a parked blue car, but he was unable to describe the driver. The witness took down the licence plate number and passed it onto the blue car's owner who called Police.
When Police attended Madeiros' residence in the early morning hours of December 15, they noticed damage to the rear end of his white Mazda car which was parked outside.
They also reported the 64-year-old was unsteady on his feet, his speech was slurred and he admitted he had been drinking.
In handing down his judgment yesterday, Sir James said: "There is no evidence that the appellant was driving his car on Burnaby Hill on the December 14, 1990, at 11.20 p.m. or that it was his car in collision with Mr. Stallard's car at that time''.
The Chief Justice added that the case against Madeiros "collapsed'' when the witness to the accident was unable to identify the driver or the licence number of the offending car.
"It is not good enough for a police officer to say that a car with licence number 13836 belonged to Mr. Madeiros and that Mr. Madeiros admitted drinking.'' Madeiros is currently serving a three-year prison term for bilking a client out of $506,000.