Doherty Gets Off on Technicality

Tue., Aug. 21, 2007 12:10 PM PDT by Josh Grossberg

At this point, Pete Doherty could teach Harry Houdini a thing or two about escape artistry.

A day after getting busted yet again on suspicion of drug possession, the Babyshambles frontman yet again walked away a free man.

This time, Doherty was let out of jail Tuesday on a technicality—authorities failed to deliver him to court on time, and no charges were filed.

Prosecutors were forced to drop their case alleging Doherty violated his probation, after police screwed up by not producing the 28-year-old before a judge within 24 hours of his arrest, as required by British law.

"This court has no jurisdiction to deal with this matter anymore," prosecutor Anjulika Vatish said at West London Magistrates Court.

That prompted a stern reply from District Judge Susan Williams, who observed the court does not grant get-out-of-jail-free cards.

"As you know, and the police ought to know, anyone arrested for breach of bail must be brought before the court and dealt with within 24 hours. Clearly, that has not happened on this occasion," the judge said.

Thrilled by his latest escape, the rebellious rocker flashed a V sign for "victory" upon his release.

A Scotland Yard spokesman said officials were investigating the Doherty delay to prevent something similar happening in the future.

The singer was apprehended for suspected drug use after a concert at about 2:30 a.m. Monday, when the car he was riding in was pulled over.

The incident occurred hours after Doherty and Babyshambles played the V Festival in central England. A rep for Doherty said his client is a "good guy" and doesn't deserve to be locked up.

"I think people saying he should go to jail is an ignorant analysis—it's unfair. Magistrates will avoid a prison sentence at all costs, because there's such overcrowding," his literary agent, Paul Roundhill, told London's Evening Standard. "And Pete's crimes are against himself. If you have a drug problem it's a contradiction to treat possession of drugs as a crime. You should treat that person as a victim."

Had police presented Doherty for the hearing, his latest scrape with the law would likely have cost him his freedom.

In July, Kate Moss' ex pleaded guilty to a pair of drunken-driving charges and possession of crack cocaine, heroin, cannabis and ketamine, stemming a May 5 arrest.

Earlier this month, the presiding judge, Davinder Lachlar, issued an ultimatum ordering Doherty to clean up his act or risk serious jail time. He has to face Lachlar for a status hearing on Sept. 4.

In the meantime, Doherty's getting busy on the music front as Babyshambles announced their sophomore album, Shotter's Nation, will be released by Astralwerks on Oct. 23.