A Cornish aristocrat has been convicted of perverting the course of justice after trying to pass the blame for his speeding offence.
Count Alexy van Kimmenade, 36, of the Colquite Estate near Bodmin, was caught speeding on the A30 at 12.14 pm on 30th April 2018. He was driving his own vehicle, a Mercedes Sport, when it was caught by a police mobile speed trap.
As in the case of disgraced MP Fiona Onasanya, who was convicted of a similar offence earlier this week, a combined Notice of Intended Prosecution (NIP) and Section 172 Notice were delivered to the registered keeper of the vehicle, Alexy van Kimmenade. Those documents sought to establish who was behind the wheel of the vehicle at the time of the alleged speeding offence.
Barrister Philip Lee, for the Crown, told the sentencing judge: "On May 18 a reply was received nominating the defendant's father Wim Van Kimmenade, requesting they receive photographic evidence of the offence.
"A further letter from his father said that neither he nor his son could remember who was driving and asked if the prosecution could be split.
"However, photo evidence shows the defendant as the sole occupant of the vehicle and he can be seen raising his finger in anger at the mobile device.
"The defendant was questioned on 5th July when he accepted his guilty. He said he never thought it would go this far and was worried about the consequences. He told officers he tried to pass the blame when he shouldn't have."
Crucially, it was evident from photos of the offence that Alexy van Kimmenade was driving, was aware he had been caught by the mobile device and was the only person in the vehicle.
Jason Beal, representing van Kimmenade, said: "He admitted the offence when interviewed and has spent the last month or so very much fearing today after being told what happens to people who commit these offences.
"He has learned a harsh lesson and the fear of going to prison has been a punishment in its own right."
Sentencing a visibly distressed van Kimmenade, Judge Robert Linford, at Truro Crown Court, said: "You were the driver of a car speeding on the A30 and you had no doubt you'd been spotted by a mobile speed camera.
"The notice came and you then effectively conspired with your father to try and deflect the consequences of your behaviour but when a photograph was produced it showed you making an abusive gesture. It is quite clear you were the driver.
"You are a person of good character, you have no relevant convictions and no points on your licence. That makes the fact you tried to avoid the penalty points all the more inexplicable.
"This was all done to avoid a few points and a fine and it has very nearly got you locked up.
"These cases routinely come before Crown Courts and in the majority of cases result in prison sentences as there has to be a heavy deterrent.
"However, there is a combination of features that leads me to the conclusion your sentence can be suspended."
Van Kimmenade was sentenced to three months imprisonment suspended for two years. He must also complete 300 hours of unpaid work, pay a £100 fine and £250 towards prosecution costs. His driving licence was endorsed with 3 penalty points.
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