A Wolverhampton councillor has been cleared of a charge of possessing cocaine.
Ian Bisbey, who represents the Oxley ward on Wolverhampton City Council, walked free from the city’s crown court because police failed to caution him after his arrest. Mr Bisbey had originally been arrested for robbery, but the matter was dropped.
Judge John Warner ruled officers’ failure to caution him for the new drug offence was a breach of the accepted code.
“I am satisfied in this case that would have an adverse effect on the fairness of the proceedings,” said the judge.
He went on: “He should have been cautioned and the fact he was not is a substantial breach of the code. It seems clear to me the officers embarked on what was a new topic.”
Mr Bisbey’s co-accused, Coun Carl Husted, who represents the Bushbury North ward in Wolverhampton for the Conservatives, also pleaded not guilty to a charge of possessing cocaine.
The 30-year-old former pub manager, of Stowheath Lane, Stow Heath, Wolverhampton, was remanded on bail until June 9 for trial.
Coun Bisbey, a 31-year-old buyer for a cash and carry food firm, spoke after the hearing. He said: “I’d like to thank the legal system for doing what it’s there for; the police for dealing with the matter in a professional manner; and, the Conservative group for sticking by and supporting me through what has been a stressful situation.
“I’d just like to remind my constituents that I’m still their elected representative and am here to help deal with their issues.”
Wendy Miller, defending Bisbey, of Eastney Crescent, Pendeford, Wolverhampton, had succesfully submitted to the court that the further offence should have meant a further caution for the Conservative councillor.
She said there was no evidence against Bisbey and if he had legal representation at the time of the interview he would never have been charged with possessing the controlled drug.
Bisbey, who denied the offence, was told by the judge a not-guilty decision would be recorded on the file and he was free to leave the court.
The judge was told the trial of Husted, who, like Bisbey, had been suspended from his high-profile council role following the arrest, was expected to last for two days.
