http://www.shropshirestar.com/news/2015/01/24/italian-man-spent-two-nights-in-shrewsbury-cell-after-translation-problems/
January
24, 2015
Italian man spent two
nights in Shrewsbury cell after translation problems
An
Italian man spent two nights in a cell for failing to give a breath test
because there was no interpreter to explain what to do, a court heard.
Mario
Ciullo, who does not speak English, admitted failing to give a sample and
driving without insurance.
But he
avoided a hefty fine after Shrewsbury magistrates heard of his translation
trouble.
The
34-year-old had turned up at two hearings to find no interpreter available so
proceedings could no go ahead.
Eventually,
five weeks after his arrest, an Italian translator was found but Ciullo,
formerly of Edgecombe Way, Shrewsbury, had returned home for Christmas after
finishing his temporary work contract in England. Now unemployed, he had to pay
hundreds of pounds for return flights to face criminal charges.
And on
Thursday he walked free from court with an 18-month conditional discharge.
Shrewsbury magistrates also gave him a driving ban of 16 months.
But he
was told that due to his early guilty plea and the time he had spent in custody
he would not be fined or asked pay court costs. Failure to provide a specimen
can carry a maximum fine of £5,000 or six months in prison.
Miss
Becky Jones prosecuting said police spotted Ciullo driving “erratically” in a
Kia Carens on Hereford Way on December 13.
They
pulled him over and a road side breath test confirmed he was over the limit.
But Ciullo was unable to complete a breath test back at the police station.
Mr
Stephen Skully defending said: “This is a tale of problems with interpreters
that has led to a five and a half week gap between this offence and my client
making his first effective appearance before the court today.
“He
admits drinking and accepts the fact he was uninsured.
“He gave
a road side breath test and when he got to the police station an interpreter
was provide by a language line which informed him of his right to a solicitor
and to inform someone of his arrest.
“He did
try to provide samples of breath but he could not understand what the officers
were telling him.”
“He was
remanded in custody on December 13. Although he had an address in the
Shrewsbury area at that time, police thought he might leave the country,
despite him having no previous convictions.
“He
appeared before Telford magistrates on December 15 when they were unable to
locate an interpreter and I understand he spent most of the day in custody
before being released on bail to attend court on December 18.
“On that
day again no interpreter was present. In the meantime he has returned to his
native Italy and has therefore had to pay for his return flight to attend court
today.”
He told
magistrates: “Given what has happened to him and the time he has spent in
custody due to these proceedings I am going to ask you to depart from your
guidelines in his favour and consider a period of conditional discharge.”