CLOWN PROSECUTION SERVICE
Discussion
Once again, the CPS have shown themselves to be complete clowns, by failing to come to court properly prepared.
http://www.thewestmorlandgazette.co.uk/news/115080...
That aside the CPS, not for the first time have made a balls up for which the tax payer is going to end up footing the bill.
A few years ago now, AGTLAW was representing a neighbour of Mr Gill in a motoring case that hinged on an unsigned calibration certificate, and the CPS claimed not to know that the calibration evidence was being disputed - despite a clear statement to that effect having been presented to them in court at the previous case management hearing. The adjournment led to costs against the CPS.
So WHY is the tax payer still paying for these basic errors... why are the individuals not having the costs docked from their wages? Or better still why are we not getting CPS staff of sufficient calibre?? The no hope-ers should be fired!
http://www.thewestmorlandgazette.co.uk/news/115080...
The Wezzy Gezzy said:
THE trial of a zoo owner accused of allowing a wild animal to escape has been adjourned for legal reasons.
David Gill, owner of South Lakes Safari Zoo in Dalton, appeared at Furness Magistrates Court today charged with allowing a Sacred Ibis bird to escape into the wild on three occasions last year between July 19 and October 30. He denies the charges.
Gill was facing three charges of contravening section 14 (b) of the Wildlife and Countryside Act 1981.
This means that Mr Gill was accused of allowing an animal listed as being unsuitable for release in the UK to escape from his possession.
But the court found that the Sacred Ibis is not on the list of animals deemed unsuitable for release and that Mr Gill should have been charged with contravening section 14 (a) of the Wildlife and Countryside Act 1981 - allowing an animal that is not a resident of, native to or a regular visitor to the UK to escape.
Judge Gerald Chalk said: "The Sacred Ibis is not in the list of animals on Section (b) and so the charge should have been on Section (a). The Crown Prosecution Service failed to notice that until today."
The error was noticed by Mr Gill's defence team which notified the Crown Prosecution Service on August 14 but received no reply which means that the CPS could now be forced to pay Mr Gill's legal costs.
Mr Gill has never denied the bird belonged to him but allowing it to escape may not amount to a criminal offence if it can be proven that the Sacred Ibis species is a regular visitor to the UK or indeed lives here permanently.
Steve Walker, for the defence, said: "I am entitled to defend whether or not this bird is native or regularly visits the country and I can't because the charges have been changed."
Mr Walker also went on to say that there were large colonies of the Sub-Saharan bird in Belgium and France and there have been reports of sightings in Norfolk.
Judge Chalk ruled to adjourn the case.
He said: "I can't allow the trial to proceed if it puts prejudice on the defence - they were pushed to challenge if the Sacred Ibis contravenes Section 41 (a) but they weren't advised to do that. It is certainly the fault of the Crown Prosecution Service in allowing the charge to go forward and in not responding to a letter from the defence dated August 14. I allow the adjournment."
The case will now be heard at Kendal Magistrates Court on November 19.
The defendant in this case is rather gung ho in his business, but the bird concerned returned to it's home, it did not escape into the wild and not return, so I am not sure any interest is served by bringing a prosecution - more of an issue when licensing was beig considered I'd have thought.David Gill, owner of South Lakes Safari Zoo in Dalton, appeared at Furness Magistrates Court today charged with allowing a Sacred Ibis bird to escape into the wild on three occasions last year between July 19 and October 30. He denies the charges.
Gill was facing three charges of contravening section 14 (b) of the Wildlife and Countryside Act 1981.
This means that Mr Gill was accused of allowing an animal listed as being unsuitable for release in the UK to escape from his possession.
But the court found that the Sacred Ibis is not on the list of animals deemed unsuitable for release and that Mr Gill should have been charged with contravening section 14 (a) of the Wildlife and Countryside Act 1981 - allowing an animal that is not a resident of, native to or a regular visitor to the UK to escape.
Judge Gerald Chalk said: "The Sacred Ibis is not in the list of animals on Section (b) and so the charge should have been on Section (a). The Crown Prosecution Service failed to notice that until today."
The error was noticed by Mr Gill's defence team which notified the Crown Prosecution Service on August 14 but received no reply which means that the CPS could now be forced to pay Mr Gill's legal costs.
Mr Gill has never denied the bird belonged to him but allowing it to escape may not amount to a criminal offence if it can be proven that the Sacred Ibis species is a regular visitor to the UK or indeed lives here permanently.
Steve Walker, for the defence, said: "I am entitled to defend whether or not this bird is native or regularly visits the country and I can't because the charges have been changed."
Mr Walker also went on to say that there were large colonies of the Sub-Saharan bird in Belgium and France and there have been reports of sightings in Norfolk.
Judge Chalk ruled to adjourn the case.
He said: "I can't allow the trial to proceed if it puts prejudice on the defence - they were pushed to challenge if the Sacred Ibis contravenes Section 41 (a) but they weren't advised to do that. It is certainly the fault of the Crown Prosecution Service in allowing the charge to go forward and in not responding to a letter from the defence dated August 14. I allow the adjournment."
The case will now be heard at Kendal Magistrates Court on November 19.
That aside the CPS, not for the first time have made a balls up for which the tax payer is going to end up footing the bill.
A few years ago now, AGTLAW was representing a neighbour of Mr Gill in a motoring case that hinged on an unsigned calibration certificate, and the CPS claimed not to know that the calibration evidence was being disputed - despite a clear statement to that effect having been presented to them in court at the previous case management hearing. The adjournment led to costs against the CPS.
So WHY is the tax payer still paying for these basic errors... why are the individuals not having the costs docked from their wages? Or better still why are we not getting CPS staff of sufficient calibre?? The no hope-ers should be fired!
They might be underfunded, but in each case I illustrated, they were warned/alerted before going to court, but chose to ignore this and turn up in this case with an incorrect charge, and in the older case apparently unprepared, and as a result lost some of that funding in unnecessary costs.
un1corn said:
Didn't his defence team drop the ball by advising the CPS early?
Wouldn't they have been better using that in court and bringing it up as a defence?
I suspect they can only defend the charge that is brought, not a charge that should have been brought.Wouldn't they have been better using that in court and bringing it up as a defence?
The new charge will have a defence of it's own.
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