Article from The Daily Mail
Colin Hendry admits drink driving but former Scotland captain says he should be let off because of his ‘rare’ metabolism
- Colin Hendry was arrested for drink driving near his Lancashire home
- When breathalysed, he was found to be nearly double legal alcohol limit
- But Hendry claims he did not drink much and blamed a ‘rare’ metabolism
Former Scotland captain Colin Hendry is preparing to fight a ban from the roads after blaming his drink driving on a ‘rare’ metabolism.
The 49-year old former Rangers and Blackburn Rovers defender was arrested last month after police stopped him near his home in Lytham, Lancashire in the early hours of February 21.
Officers had claimed Hendry who was nicknamed ‘Braveheart’ when he captain of Scotland was almost twice the limit after failing a breathaylser test.
But on Wednesday, widowed father of four Hendry disputed the reading and asked Blackpool Magistrates to have the case adjourned so his metabolism could be tested.
The court heard that Hendry admitted drinking before driving his blue Ford Focus, but argued the amount of alcohol he drank over a certain period of time should not have put him over the limit.
His lawyer Glyn Lewis – who has previously represented a string of celebrities over his expertise in exploiting motoring legal loopholes – said: ‘Usually we go to sentence and it is inevitable he would have to be disqualified because he has entered a guilty plea because he accepts the facts.
‘But the instructions I have over the amount of alcohol consumed and the time period, when you do the calculations they don’t correlate with the figure he has given.
‘There are two possibilities – one is because of the fact that he has got some alcohol in his system he is unaware of and the other is quite rare is we have somebody whose metabolism is such they provide a specimen of breath which does not correlate with the reading of blood.
‘We have had a forensic scientist give us an indication that the figures provided by the defendant don’t correlate with the figures given by the sample.
‘We accept the prosecution’s case – the police followed him, he wasn’t driving erratically, nothing unusual about that, he accepts that – the question is why is this alcohol reading being given that is being investigated.
‘We can establish what he consumed and when it was because there are receipts.
‘Mr Hendry might have to be tested for his metabolism in the lab with a reconstruction of the whole evening’s events. The ratio between breath and blood is not the same for everyone.
‘If our investigations don’t have foundation in science we would bring it back to court and have it dealt with. Mr Hendry wants the matter to be dealt with as quickly as possible.’
The court agreed to adjourn for a ‘special reasons’ hearing in which Hendry will call evidence from a forensic service scientist and two civilian witnesses who were with him on the night of the incident.
Hendry – who arrived for the hearing in sunglasses and a grey suit – had 63 microgrammes of alcohol in 100 milliltres of breath- the legal limit is 35mg.
Initial forensic tests conducted on behalf of Hendry had shown the figures did not correlate and further investigation was needed, said Mr Lewis.
The solicitor added that the later sentencing bench could have the option not to disqualify Hendry from driving but the conviction would stand regardless.
Hendry, was granted unconditional bail until April 22 when the case will be heard in full before sentencing.
The ex-Permier League footballer had a long playing career, captaining his country in the 1998 World Cup and appearing for a series of clubs including Blackburn Rovers, Manchester City, Bolton Wanderers and Rangers.
Last week police confirmed he had been given a warning amid claims he had pestering former girlfriend Sarah Kinder a beautician he had been dating after the death of his wife Denise in 2009 following botched cosmetic surgery.
Miss Kinder, 40, claimed he looked in her window and sent her unwanted texts and social media messages after their four-year relationship ended late last year. It was also claimed the former footballer repeatedly drove past her home.
Below are Some of theComments Posted on The Daily Mail Website Article by Other Readers Expressing Their Opinions of Hendry:
VDog, London, United Kingdom, 4 days ago
The figures do not correlate because someone is telling porkie pies.
Will – whistleblower, Living as a refugee in Lisbon, Portugal, 4 days ago
One day I pray one of these idiots will say, “fair cop, guv. It’s my responsibilty, I was a fool and I’m prepared to take my punishment”. It would be so refreshing to see some courage and decency from these “celebs”
BestoMcfc, Manny, United Kingdom, 4 days ago
Rare form of BS!! Sort ya drinking out, sort ya peroxide hair do out and finally go an get a new car ya scruff!!
p.s., south west, United Kingdom, 4 days ago
there is no excuse for drink driving, or the devastation it can cause; shame on you Mr Hendry !
Kevin, Ontario, Canada, 4 days ago
I used to respect him as a player but using this loophole lawyer shows what kind of person he is. He was well over the limit, end of.
longtongue, salford, 4 days ago
just a lying dim wit ex footballer who like the rest of them thinks hes above the law , who cant own up to his own stupid actions , stalks women aswell
Rocket23, Hartlepool, United Kingdom, 4 days ago
What an absolute disgrace – insulting eveyones intelligence. Hope he gets banned for longer for wasting eveyones time and money.
DeadlyDuck, bournemouth, United Kingdom, 4 days ago
“The third possibility judge is that either my client is lying to me or that I know the full story but I’m more interested in being paid my fees than keeping a drink driver off our roads.” Don’t you just love lawyers.
tomtelltruth always, blackpool, United Kingdom, 3 days ago
this wonderful human being borrowed the life savings of a retired couple who were his trusting neighbours, then gambled it away, then went bankrupt leaving them skint (google colin henry lies) and yet he can afford a celebrity lawyer — a strange country this is
Danleno1949, Hull, United Kingdom, 3 days ago
Wrong defence Colin. You should have said everyone hates me.