Seriously unimpressed

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ExChrispy Porker

16,959 posts

229 months

Wednesday 8th February 2012
quotequote all
Shuvi Tupya said:
Surely not if they have some evidence?
I don't think lack of evidence is the issue.
It certainly doesn't seem to be in this case.

Shuvi Tupya

24,460 posts

248 months

Wednesday 8th February 2012
quotequote all
ExChrispy Porker said:
I don't think lack of evidence is the issue.
It certainly doesn't seem to be in this case.
surely evidence is EVERYTHING if you are innocent until PROVEN guilty?

How is something proved if there is not enough evidence?




davemac250

4,499 posts

206 months

Wednesday 8th February 2012
quotequote all
On the balance of probabilities at Civil Court?

Shuvi Tupya

24,460 posts

248 months

Wednesday 8th February 2012
quotequote all
davemac250 said:
On the balance of probabilities at Civil Court?
Ah, so you are not innocent until proven guilty, you are innocent until someone n the legal system suspects you are probably guilty..



ExChrispy Porker

16,959 posts

229 months

Wednesday 8th February 2012
quotequote all
Shuvi Tupya said:
Ah, so you are not innocent until proven guilty, you are innocent until someone n the legal system suspects you are probably guilty..
In a civil case, yes.

Shuvi Tupya

24,460 posts

248 months

Wednesday 8th February 2012
quotequote all
ExChrispy Porker said:
In a civil case, yes.
I thought speeding was a criminal matter?



Zeeky

2,828 posts

213 months

Wednesday 8th February 2012
quotequote all
Rovinghawk said:
vonhosen said:
I already said I'm quite happy to see a completely separate investigative body as far as complaints are concerned.
I already said that if the rest of the police were happy with this then they wouldn't be paying 30k to avoid court cases.

RH
Of course. The Police have not made a statement that they believe the claim to be misconceived or that it had no reasonable prospect of success or that there was 0% chance of success for the claimant for some other reason.

They have left it vague. Not admitting liability but claiming to settle for 'financial' reasons. This would cover 'nuisance' claims as well as where the Police believe there was a possibility of them losing.

If they are settling a 'nuisance' claim at that level then I would suggest they are in breach of their fiduciary duty to the taxpayer.


It has also been claimed that the Met will defend where the risk of the claimant is 0% to 20%. It is ridiculous that claims are not defended where there is 0% chance of the claimant succeeding, which has been claimed in this case. That is misconceived or disingenuous.

ExChrispy Porker

16,959 posts

229 months

Wednesday 8th February 2012
quotequote all
Shuvi Tupya said:
I thought speeding was a criminal matter?
Indeed.
that is why speeding cases are not heard at the County Court.

mph1977

12,467 posts

169 months

Wednesday 8th February 2012
quotequote all
Shuvi Tupya said:
ExChrispy Porker said:
I don't think lack of evidence is the issue.
It certainly doesn't seem to be in this case.
surely evidence is EVERYTHING if you are innocent until PROVEN guilty?

How is something proved if there is not enough evidence?
civil case , therefore on the balance of probabilities, there is far more opportunity for gamesmanship from advocates in civil cases, despite the absence of juries.

Shuvi Tupya

24,460 posts

248 months

Wednesday 8th February 2012
quotequote all
So, how exactly do i prove my innocence if accused of speeding?


10 Pence Short

32,880 posts

218 months

Wednesday 8th February 2012
quotequote all
Introduce reasonable doubt.

Shuvi Tupya

24,460 posts

248 months

Thursday 9th February 2012
quotequote all

10 Pence Short said:
Introduce reasonable doubt.
Thanks.

What is reasonable doubt?

"I was looking at my speedo, and i was doing 70mph so the officer must be mistaken."

We all know that in the real world that would not work.

What about if i had a video camera recording?

"sorry , your equipment is not acceptable in a court of law as you could have rigged it"

What about if i had a witness?

"your witness is not a police officer and therefore can not judge your speed"

So, how do i show reasonable doubt that the copper is wrong/ having a st day?

(yes, i do know your story and realise that you have made mistakes)




davemac250

4,499 posts

206 months

Thursday 9th February 2012
quotequote all
Zeeky said:
It has also been claimed that the Met will defend where the risk of the claimant is 0% to 20%. It is ridiculous that claims are not defended where there is 0% chance of the claimant succeeding, which has been claimed in this case. That is misconceived or disingenuous.
How is that known?

In my example the Met paid out on a case as a serving officer was no longer eligible to give evidence at court.

The was no discipline case to answer.

There was no question of wrong doing.

In normal circumstances the case would have been defended.

In this instance if one of those officers was precluded from giving evidence the result would be a pay out without liability.


Zeeky

2,828 posts

213 months

Thursday 9th February 2012
quotequote all
If there is no question of wrongdoing then there would be no need for the Police officers to give evidence.

If the defence is dependent on witness evidence to prove that there is no suggestion of wrongdoing then that presupposes that the court accepts the evidence in the way the defence want it to be accepted. There is no guarantee of that.

You can only conclude there is no possibility of fault where the claim itself is misconceived.

I can't see how in the above case anyone can conclude it is not possible for a court to decide that the force was unreasonable.


Rovinghawk

13,300 posts

159 months

Thursday 9th February 2012
quotequote all
davemac250 said:
a serving officer was no longer eligible to give evidence at court.
How exactly is someone 'not eligible' to give evidence?

davemac250 said:
The was no discipline case to answer. There was no question of wrong doing.
But they paid out 30k nevertheless.

davemac250 said:
In normal circumstances the case would have been defended.
But you just said there was nothing to defend.

RH

davemac250

4,499 posts

206 months

Friday 10th February 2012
quotequote all
Rovinghawk said:
davemac250 said:
a serving officer was no longer eligible to give evidence at court.
How exactly is someone 'not eligible' to give evidence?

davemac250 said:
The was no discipline case to answer. There was no question of wrong doing.
But they paid out 30k nevertheless.

davemac250 said:
In normal circumstances the case would have been defended.
But you just said there was nothing to defend.

RH
Because he had a accident and couldn't remember anything of the previous 5 years. Including his wife and child.

Don't try and play semantics with me, unless you take the time to read my posts. You'll notioce you have cross referenced two seperate incidents if you bother to take the time to read them.

And certainly don't then do selective posting to take things out of context.

Rovinghawk

13,300 posts

159 months

Friday 10th February 2012
quotequote all
Yes, sir. Sorry to disagree with you, sir. Must learn my place, sir.

RH

davemac250

4,499 posts

206 months

Saturday 11th February 2012
quotequote all
You know what?

Coming from you I'll take that as an apology.