A Ukrainian man has been convicted in the UK’s controversial fast-track courts for not having car tax while he was trapped in war-torn Ukraine.
Marchel Kalynku, 38, received a criminal conviction despite explaining to authorities that he couldn’t leave Ukraine due to the ongoing war.
The case has emerged as the latest example of questionable prosecutions passing through the Single Justice Procedure system.
Kalynku, who is normally a resident of Basildon in Essex, was taken to court by the DVLA after his car tax expired.
Do you have a story you’d like to share? Get in touch by emailing[email protected]
The man now has a criminal conviction despite being stuck in Ukraine
X/DVLA/PA
Court papers show a DVLA officer reported the unlicensed Volkswagen Passat in October last year, which had expired at the end of November 2023.
In his letter of mitigation to the court, Mr Kalynku wrote: “The offence happened because I’m in Ukraine for the last 20 months and I can’t get out due to War in my country.”
A criminal prosecution was authorised last month, despite Mr Kalynku’s circumstances, the Standard reported.
Kalynku submitted his guilty plea online on February 13 this year, resulting in him now having a criminal conviction on his record, as well as having to pay £189.17 in unpaid car tax.
The prosecution was brought through the Single Justice Procedure (SJP), a fast-track court process criticised for its handling of cases.
The Government is proposing changes to make it mandatory for prosecutors to read mitigation letters and check if cases are in the public interest as part of an ongoing consultation.
Russia invaded Ukraine in February 2022, with the UK Foreign Office advising against travel to Ukraine.
Martial law is in place in Ukraine, with strict conditions on leaving. Official guidance states: “Ukrainian national and dual-national males aged 18 to 60 are prohibited from leaving the country.”
This explains why Mr Kalynku, who had been in Ukraine for 20 months, was unable to return to the UK to address his car tax situation.
The DVLA confirmed it did not see Mr Kalynku’s mitigation letter prior to the SJP prosecution.
The agency has called on drivers who are being prosecuted to contact the DVLA directly if they have important mitigation before a criminal conviction is handed down.
A spokesperson for the DVLA said: “A Single Justice Procedure notice will only be issued when we have exhausted all other enforcement routes, including issuing multiple items of correspondence, to which the customer can respond to DVLA with their mitigation.
LATEST DEVELOPMENTS:
- DVLA issues urgent warning for older motorists to act ahead of driving licence change – ‘Let them know!’
- Driver forced to pay £3,000 in fines addressed to dead father from Birmingham Clean Air Zone – ‘Nobody will listen’
- M69 traffic: ‘Police-led incident’ forces major motorway to shut as drivers face congestion havoc
The car tax on the man’s Volkswagen Passat ran out in November 2023
GETTY
“Once progressed to SJP, any defendant can request a hearing in open court, but for those pleading guilty via SJP, including those with mitigating action, are considered by a magistrate.
“These can be referred back to DVLA but whether or not to do so is a decision taken by the magistrate,” the Standard reported.