A DEVASTATED York mother told today how magistrates convicted her soldier son of speeding - even though he is out fighting for his country in Iraq.

Sheila Uttley says court officials had previously promised her the case would be put on hold until after her 20-year-old son, Gunner Kevin Uttley, had returned to England.

He was convicted in his absence at Selby Magistrates Court on March 12 and fined £60 and ordered to pay £45 costs. His licence was also endorsed with four penalty points.

"I was devastated because they had promised me, and I had taken them at their word," said Mrs Uttley, of Hamilton Drive, Holgate.

"He is out fighting for his Queen and country, and the British justice system has let him down."

Justices' chief executive Paul Bradley has now written to Kevin to apologise for "any inconvenience or confusion caused", and said the case would be reheard when he returned to the country.

He said: "Due to you being out of the country, we have suspended the fine account until you are able to attend court.

"When you return to York, contact the court to arrange a date to have the case listed to reopen. Then you can attend court to have your case reheard with your attendance."

Mrs Uttley thought that would be the end of the matter for now - until she received a letter last week from the DVLA addressed to her son. It said he had been convicted of an endorsable offence, but had not produced his driving licence to the court for endorsement.

It asked him to send his licence to the DVLA with a form for endorsement. And it warned: "If your licence has not been endorsed and you do not comply with the instructions above within the next four weeks, we may have to revoke your driving licence."

Mrs Uttley said she had contacted the DVLA and been assured that its action had been put on hold.

The alleged offence happened at Tadcaster on January 2, before Kevin - a former Lowfield School pupil who is serving with the Royal Artillery and is based at Catterick - left for the Gulf.

Mrs Uttley said that if her son was guilty, he should take the penalty. But in this case he had not had the chance to attend court and contest the charge if he wished to do so.

Justices' clerk Gordon Lees told the Evening Press that it appeared a note attached to Mr Uttley's file, asking for the case to be put on hold, had disappeared.

Therefore, when the case went before the bench, magistrates had imposed the fine unaware of the soldier's circumstances.

Updated: 10:27 Tuesday, April 08, 2003