A prolific rail fare dodger who was caught without a train ticket more than 100 times has had his sentencing delayed after a judge raised concerns over the legal process.
Charles Brohiri owes more than £30,000 in penalty fares after being caught 113 times by Govia Thameslink ticket inspectors, Westminster Magistrates court heard.
He was granted bail despite committing 30 more offences since his last court appearance in May – with his most recent penalty fare issued two days ago.
The judge adjourned Brohiri’s sentencing until December after raising concerns over whether the case against him began with a lay prosecutor after rail firms were warned this was not legal.
Lay prosecutors are not legally qualified but rail companies have used them to present fare evasion cases in magistrates courts.
Last week rail firms were warned by the Department for Transport that it was a “criminal offence” to let non-lawyers act as prosecutors in court cases with passengers accused of not buying the correct ticket.
Earlier in the summer, Transport Secretary Heidi Alexander wrote to train operators: “We would not expect you to use lay prosecutors to present cases in court and carry out other regulated legal activities until you are confident that it is lawful to do so, having taken advice as appropriate.”
This situation is under scrutiny because of how train operating companies have pursued fare evaders and prosecuted passengers who have made honest mistakes.
It appears that the use of a lay prosecutor by Govia Thameslink, which is common across the rail industry, is having ramifications on this case.
The judge said Mr Brohiri was not being held in custody while a review into his case continues, with a new hearing due in December so he can get legal representation.
Judge John Zane told the court he needed “to be satisfied and an inquiry into whether into category 1 proceedings began with a lay prosecutor, and whether they were valid, and whether there are material consequence as to whether it began with a lay prosecutor”.
Judge Zane said “the court has to grapple with these arguments”.
A Govia Thameslink (GTR) spokesperson said: “These are matters before the court and GTR does not comment on ongoing legal proceedings.”
Judge Zane told Brohiri “not to be present on or attempt to gain access to any train owned or operated by Govia Thameslink”.
He added: “It is important now you take this seriously.”
Brohiri is scheduled to return to court on 16 December.
