conflicting testimony from a Police officer and the motorist involved.

Chief Justice the Hon. Sir James Astwood pointed to conflicting accounts of other traffic in the vicinity of Dutton Avenue in Pembroke where Quinton Curtis White was convicted of travelling at a speed of 61 kph on June 23, 1991.

The arresting officer had testified that there were no other vehicles on the road at the time he clocked White's speed on radar. But both White and other witnesses testified that a motorcycle had overtaken the vehicle at the time it was stopped.

The Chief Justice, in overturning the conviction, said the magistrate who presided over the case in January "has not stated whether she believes the Police constable or believes the appellant and his witnesses concerning the overtaking by the cycle.

"In my view, if the cycle overtook the car at the material time, the evidence of P.c. Maybury would be unreliable and any conviction based on his evidence ought not to be supported,'' he said.

"In my opinion, the magistrate has not taken full advantage of having seen and heard these witnesses.''