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LTI 20.20: Judge States Garratt NOT Independent
blackdouglas
post Tue, 7 Nov 2006 - 20:18
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There has been an important Judgement in a recent case in Northampton.

Due to the ongoing delays in the case, the client aborted the appeal, and simply appealed to have the costs reduced.

In his Judgement, the Judge rules that the fine be reduced, and accepted the prosecution's costs.

HOWEVER

The Judge completely rejected the CPS expert witness costs because he ruled that Mr. Frank Garratt was not an independent witness.

This is written down in the Judgement, and I am hoping to get a copy of it. In the Judgement, the Judge was quite critical of Mr. Garratt. The Judge also expressed disappointment that the appeal did not go ahead.

Anybody involved in a case featuring Mr. Garratt (or indeed anyone from TeleTraffic or Laser Technology, such as Jeremey Dunne) should get a copy of this Judgement, and use it in their case. Whilst it does not set a precedent, it ought to be very persuasive when used in Court.

I will try to obtain a copy.

EDIT: Details of where to obtain a copy of the transcript now appear later in this thread, at post #24 which is HERE.

This post has been edited by blackdouglas: Tue, 21 Nov 2006 - 22:25
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post Tue, 7 Nov 2006 - 20:18
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Whizz
post Wed, 15 Nov 2006 - 09:23
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Can he appeal the costs, even though he withdrew his appeal ?
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cjm99
post Fri, 17 Nov 2006 - 08:58
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QUOTE ("Anton")
The Dove case (of which I have a copy) was an appeal in the crown court where 4.5 times costs were applied over the fine.


This case was not in the Crown Court, it is a binding judgement of the Divisional court.

Moreover, it was Bingham when he was Lord Chief Justice. He is now the Senior Law Lord. They don't come any higher!!

If you look at my avatar, you will recognise him... rolleyes.gif

I have listed it and two other cases in which High Court decisions have consistently stressed the 'proportionality of cost prorata to the criminality element (the fine).

4.5 to 1 is described as "grossly disproportionate".. 2.5 to 1 whilst not binding, is a compelling example of the appeal courts opinion.


Attached File  Costs_proportional_to_fine._R_v_Northallerton_Mags.doc ( 57.5K ) Number of downloads: 307


Attached File  Costs_proportionality__Nedic_v_South_Staffordshire_District_Council.doc ( 50K ) Number of downloads: 247


Attached File  costs_proportionality_R_v_Nottingham_Magistrates.doc ( 32K ) Number of downloads: 382


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Clear Skies
post Fri, 17 Nov 2006 - 17:38
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yes that's the chap jimmy , biggrin.gif Anton Action ! & Cj brings home the bacon ... again..

I REALLY hope he has another go and gets his costs back..

rgds
bill

This post has been edited by Clear Skies: Fri, 17 Nov 2006 - 17:39


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jimmy ferrari
post Tue, 21 Nov 2006 - 22:03
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A transcript can be obtained from;

Carmen Bradley,
Harry Counsell
Cliffords Inn
Fetter Lane
London
EC4A 1LD

Tel.02072690388

Case details
Northampton Crown Court
Case No. A20050106
November 3rd 2006
Appeal of Gregory Maroney Barnett
Judgement of His Honour Judge Morrell

I am informed that the cost would be in the region of £10 to £20. biggrin.gif

I've taken the liberty of editing Jimmy's post, to add the online details (Insider) wink.gif

Order transcripts/get a quote online

Or

QUOTE
Alternatively, you can email response@ubiqus.com telling us:

* The name(s) of the defendant(s)
* The court in which the case was heard
* The date(s) on which the case was heard
* The part of the transcript you require (eg, the whole case, the sentence, summing up to verdict, the evidence of Ms X, etc.)
* The judge’s name
* The indictment number, if you know it
* Your own contact details
* Your own reference number, if you have one


This post has been edited by Insider: Tue, 21 Nov 2006 - 22:56


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anton
post Wed, 22 Nov 2006 - 21:16
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can you get this for any case (not my own case)

I am particularly interested in one where the copper lied told a diferent version of the truth that I know to be fact

This post has been edited by anton: Wed, 22 Nov 2006 - 21:17


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blackdouglas
post Sat, 25 Nov 2006 - 22:46
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Yes. Transcripts are generally available for Crown Court hearings (and Courts above).
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roythebus
post Fri, 29 Dec 2006 - 23:23
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At last, a judge who can see through the scam to the common sense that lies some distance beyond. What a pity the mags still see the BiB through rose tinted spectacles and believe they never lie, and that speed cameras are always accurate.

This post has been edited by roythebus: Fri, 29 Dec 2006 - 23:23
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nottoobad
post Mon, 22 Jan 2007 - 17:54
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QUOTE (roythebus @ Fri, 29 Dec 2006 - 23:23) *
At last, a judge who can see through the scam to the common sense that lies some distance beyond. What a pity the mags still see the BiB through rose tinted spectacles and believe they never lie, and that speed cameras are always accurate.


It's hardly surprising the mags have this attitude - don't forget the so called "Safety Camera Partnerships" are a partnership between the local authority, the police and....guess who?.....the magistrates!

Who was that saying "vested interest"?
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Ahmed
post Wed, 5 Sep 2007 - 21:26
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I know I saw the full transcrpt for this somewhere on the net, but now I can't find it again !!! Grrrrr!

Anyone know where it is?

Cheers
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ford poplar
post Mon, 19 Jan 2009 - 01:48
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"I express my disappointment at not being able to try this case."

Sounds more like Judge John Deed!
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