A DRIVER claims he was only speeding because there was a police car driving at speed behind him.

Steven Arwand was clocked speeding at 45mph in Leigh Sinton, near Malvern but claims he was only driving at that speed because there was a police car behind him and he had to overtake a lorry. The 46-year-old of Laurel Road, Dudley, launched an appeal against conviction and sentence at Worcester Crown Court on Friday but was was criticised by judge Daniel Pearce-Higgins QC because he had turned up at the hearing without his witness. When he said he had not been advised to bring a witness the judge told him: "The court isn't here to advise you."

Amanda O'Mara, prosecuting, said the only car to activate the speed camera was Arwand's at 3.45am on May 3 last year.

Miss O'Mara said: "He's adamant he speeded up because the police car was behind him. He did not realise he had to bring witnesses to court. Mr Arwand does wish his witness to be here."

The judge asked him why he did not attend the hearing at magistrates court when he was found guilty. Arwand said he was signed off work and that his father had taken his own life.

But judge Pearce-Higgins, who was sitting alongside two magistrates, said if the police car had been in 'hot pursuit' it would have been going faster than the appellant and activated the speed camera. "The camera has not recorded such a police car" said judge Pearce-Higgins.

The appellant said this was because the police car was overtaking on the other side of the road but the judge said the camera would still have recorded the police car had it been speeding.

The judge warned Arwand that he may end up bearing the court costs 'that have been wasted' in the hearing but adjourned the appeal hearing until June 21 for the witness to attend.