Sentencing delayed on serial offender in DVLA bungle case

A killer driver, who is awaiting sentence for other offences behind the wheel, has had his case delayed due to “highly unusual” circumstances.

Halim Cholmeley is behind bars after he admitted a charge of driving while disqualified and failing to provide a specimen of breath. He was jailed for six months in December.

The sentence came seven years after he was given a sixyear prison term at Edinburgh High Court for causing a crash which led to the death of Perth taxi driver Gavin Mccabe on Dundee’s Kingsway in March 2009.

However, the 44-year-old, from Glenprosen in Angus, still has other driving-related matters to be resolved after Forfar Sheriff Court heard he was able to take a powerful £50,000 Audi SUV for an extended test drive after a DVLA administration error saw him issued with a licence.

This was despite him still being subject to a 10-year ban imposed over the death crash conviction.

Recruitment consultant Cholmeley has admitted obtaining a licence while disqualified from driving, as well as two further charges of driving while disqualified and without insurance in Angus.

Sentence had previously been deferred for the preparation of a criminal justice social work report and a Restriction of Liberty Order assessment which might lead to him having to wear an electronic tag.

Cholmeley appeared from custody at Forfar, where Sheriff Derek Reekie heard he is due to be released from prison at the end of this month.

Solicitor William Boyle said the matter was complicated by the fact that a valid driving licence had been issued to him.

DVLA chiefs have said they are investigating how the blunder happened, but they have yet to provide an explanation.

Sheriff Reekie, a visiting sheriff at Forfar, said: “It is an extremely unusual set of circumstances and it strikes me that there are a number of issues to get to the bottom of.

“The sequence of these matters is something that requires to be fully set out and I would have wanted to know how that happened.”

He continued the case until January 24 for Cholmeley to be dealt with by Forfar sheriff Alison Mckay, who imposed the December prison term.

Donald Milne, 46, was also made the subject of a one-year non-harassment order.

Halim Cholmeley obtained a driving licence while disqualified.