IT was with utter disbelief that I read your article "Magistrates 'got it wrong' claim" (LET, September 19) in which Councillor Maurice Cowell said Hyndburn magistrates should not have cleared pensioner Mrs Moira Cruise of causing an obstruction when she parked her car on the pavement.

Having been present at Mrs Cruise's court case I believe that bench chairman Harry Dean made a profoundly wise and bold judgement in the face of a prosecuting intellect that could not see beyond "The law's, the law."

This historic ruling has not given others carte blanche to park on the pavement, but, rather, has said that there may be occasions, such as in Mrs Cruise's case, when it could be prudent simply to avoid creating a worse hazard on the road.

I heartily applaud this sound judgment. The fact that the police were also caught with their pants down is evidence of appalling double standards and for them to appeal would be nothing less than sour grapes.

There were, however, more facts that coloured the magistrates' decision. The police evidence was flawed on three accounts: the time of the offence was wrong, the speed limit in force was incorrectly reported and the available space on the pavement was reported as three feet when the police agreed that it was really nine feet. Police permission had been given for 20 years previously. No explanation was offered why it was withdrawn.

In the literal sense, there had been no actual obstruction. The alleged offence was reported by a neighbour who also left snide notes stuck to this pensioner's windscreen, but was never man or woman enough to sign them or speak to Mrs Cruise. The police were being used and, even worse, allowed themselves to be used.

The police were also exercising double standards in prosecuting Mrs Cruise for a habit they practise themselves in Rushton Street, Great Harwood and elsewhere.

Those facts were confirmed by photographs.

Finally, because of crass and mindless traffic calming approved and supported by our police, many householders are now forced to park on the pavement. There is now more than strong evidence that on-pavement parking has become an inevitable habit and custom thanks to the direction given by the likes of Coun Cowell and his colleagues. The most discouraging aspect of this case has been the energy and determination that the police have displayed in pursuing the prosecution of a pensioner and, now, wasting more taxpayers money in appealing.

Remember, there had been no actual instance of obstruction, just a complaint from behind twitching curtains.

I hope that the Crown Prosecution Service confirms Mr Dean's wise, landmark judgement. I further hope that both the police and council note that to continue to refuse to answer questions on this subject, or to hold a public debate can only make matters worse.

Having mindless laws that are invoked on a whim is not the answer. As in this case, the result has been a loss of public confidence, with our otherwise-excellent police being brought into disrepute.

There is nothing the public despise more than wretched double standards being operated by the police.

PHILIP CONGDON, Hindle Fold Lane, Great Harwood.

Converted for the new archive on 14 July 2000. Some images and formatting may have been lost in the conversion.