Learner driver jailed for getting sister to lie after car overturned
- Credit: Archant Library
A former pub landlord who got his sister to lie for him after he overturned his car in a late night crash has been jailed for eight months.
Simon Musk, who was driving without "L" plates, should have been supervised by a qualified driver when he was involved in the collision in Botesdale in the early hours of July 4 last year, Ipswich Crown Court heard.
Musk, 31, of Church Close, Roydon, and his sister Louise Kerry, 28, of Ash Drive, Eye, denied intent to pervert the course of justice by falsely claiming she had been in the car when he was involved in the accident.
They were convicted after a trial and while Musk was jailed and banned from driving for 16 months his sister was given a three month prison sentence suspended for 12 months and a five day rehabilitation requirement.
Sentencing them Judge Martyn Levett said Musk had "dragged" his sister into the offence even though she might not have wanted to be involved.
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The court heard that Kerry arrived in Botesdale after the collision and told a police officer she had been in the car with her brother when the crash happened. Musk also told the officer that his sister had been in the car with him.
The court heard that Musk's car ended up on its side after hitting a parked car.
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Richard Witcombe, prosecuting, claimed that following the collision he had left the scene to make a telephone call and had returned shortly afterwards with his sister.
When a police officer questioned Musk about him being a provisional licence holder Musk allegedly said: "But I wasn't on my own. My sister was in the car with me. I never said I was on my own."
When the officer asked Kerry if she had been in the car she replied: "Yes."
"The prosecution say they both chose to lie because they knew Simon Musk had been driving that vehicle unaccompanied and was liable to be prosecuted for driving otherwise than in accordance with his licence," said Mr Witcombe.
Both Musk and Kerry had denied telling police she had been supervising him in the car at the time of the accident
Jude Durr, for Musk, said his client was a former pub landlord and his life had been in turmoil at the time of the offence.
Joanne Eley, for Kerry, said she had no previous convictions.