The client was prosecuted for failing to provide specimen of breath. The issues in the case were medical reasons and whether the procedure was ineffective due to operator error or machine malfunction. At the second hearing which was listed for trial David Houldcroft (Gold panel lawyer) instructed by Trevor Feehily (reviewing lawyer) persuaded the prosecution to offer no evidence after the police failed to serve the MG DD/ A booklet and breath test printout in good time to allow the defence expert report to be obtained.