Foul! Fury as Lampard escapes scot-free despite being filmed at wheel holding phone and coffee
FORMER England footballer Frank Lampard has escaped prosecution despite being filmed at the wheel of his £250,000 Mercedes holding a mobile phone and a coffee cup.
The ex-Chelsea star had been due to appear in court yesterday but his lawyers successfully argued that it could not be proved the phone was switched on.
Last night campaigners reacted with anger, saying there had been delays in closing the gap in the law exploited by his team.
Lampard, 43, who is married to TV presenter Christine Bleakley, 42, had hired lawyer Nick Freeman, dubbed ‘Mr Loophole’.
The former midfielder was caught on camera by vigilante cyclist Mike Van Erp last April in South Kensington, west London, and charged with using a handheld device while driving a vehicle.
Despite footage clearly showing Lampard holding a phone in his left hand and a coffee cup in his right, the case fell apart because it could not be proved he used the device for interactive purposes, such as texting or calling.
Mr Van Erp’s father was killed by a drink driver when he was 19 and he claims to have shopped 350 drivers breaking the law to the police last year alone.
He has previously captured film director Guy Ritchie and former boxer Chris Eubank using mobile phones at the wheel.
In the video, he cycles round the footballer’s Mercedes G wagon as it idles in traffic, clearly capturing Lampard at the wheel and a small dog on the passenger seat. ‘He’s on his phone, clearly holding and talking on his phone at the same time. And holding a coffee as well,’ Mr Van Erp, 49, can be heard to say. Mr Freeman told the Daily Mail that the case was dropped after he served an additional statement to the Crown Prosecution Service last week.
‘They had to prove that he was using his phone and that he was using it for an interactive purpose,’ he said. ‘But what they have concluded is there’s no longer a realistic prospect of conviction.
‘He [Lampard] pleaded not guilty, he is presumed to be innocent and the CPS have binned the case which is tantamount to an acquittal.’
A CPS spokesman confirmed: ‘After examining evidence submitted by the Metropolitan Police, we concluded, in accordance with our legal test, there was insufficient evidence to provide a realistic prospect of conviction.’
But the law is soon set to be tightened and prosecutors will simply have to prove that the phone was being used.
Neil Greig, policy and research director at safety charity IAM RoadSmart, called for the measure to be ‘implemented without delay’ after it gained widespread support during a consultation.
Lampard was Chelsea’s all-time top scorer during his 13-year playing career with 211 goals and he appeared 106 times for his country. He also managed the club for 18 months until being sacked in January last year.
‘Insufficient evidence’