LTI 20.20: Judge States Garratt NOT Independent |
LTI 20.20: Judge States Garratt NOT Independent |
Tue, 7 Nov 2006 - 20:18
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#1
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Member Group: Members Posts: 685 Joined: 8 Mar 2005 Member No.: 2,524 |
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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Tue, 7 Nov 2006 - 20:18
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Wed, 15 Nov 2006 - 09:23
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#21
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Member Group: Validating Posts: 306 Joined: 11 May 2006 Member No.: 5,675 |
Can he appeal the costs, even though he withdrew his appeal ?
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Fri, 17 Nov 2006 - 08:58
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#22
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Member Group: Members Posts: 5,109 Joined: 16 Dec 2003 From: Manchester Member No.: 675 |
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... 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. Costs_proportional_to_fine._R_v_Northallerton_Mags.doc ( 57.5K ) Number of downloads: 1026 Costs_proportionality__Nedic_v_South_Staffordshire_District_Council.doc ( 50K ) Number of downloads: 1045 costs_proportionality_R_v_Nottingham_Magistrates.doc ( 32K ) Number of downloads: 1260 -------------------- Chris
The price of freedom is eternal vigilance. Bush Acoustic Music Club Acoustic Folk at the Nursery Inn Tameside folk concerts |
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Fri, 17 Nov 2006 - 17:38
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#23
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Member Group: Life Member Posts: 2,872 Joined: 17 May 2004 Member No.: 1,213 |
yes that's the chap jimmy , 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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Tue, 21 Nov 2006 - 22:03
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#24
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Member Group: Members Posts: 1,474 Joined: 3 Sep 2003 From: Wales Member No.: 299 |
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. I've taken the liberty of editing Jimmy's post, to add the online details (Insider) 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 -------------------- Jimmy.
Justice comes to those who persevere! A donation to the fighting fund will help us all. CLICK HERE |
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Wed, 22 Nov 2006 - 21:16
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#25
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Member Group: Members Posts: 1,751 Joined: 12 Aug 2004 From: hampshire Member No.: 1,514 |
can you get this for any case (not my own case)
I am particularly interested in one where the copper This post has been edited by anton: Wed, 22 Nov 2006 - 21:17 -------------------- |
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Sat, 25 Nov 2006 - 22:46
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#26
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Member Group: Members Posts: 685 Joined: 8 Mar 2005 Member No.: 2,524 |
Yes. Transcripts are generally available for Crown Court hearings (and Courts above).
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Fri, 29 Dec 2006 - 23:23
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#27
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Member Group: Members Posts: 6,981 Joined: 19 Dec 2006 From: Near Calais Member No.: 9,683 |
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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Mon, 22 Jan 2007 - 17:54
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#28
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Member Group: Members Posts: 142 Joined: 10 May 2006 From: Watford Member No.: 5,662 |
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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Wed, 5 Sep 2007 - 21:26
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#29
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Member Group: Members Posts: 209 Joined: 24 Jul 2007 Member No.: 12,923 |
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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Mon, 19 Jan 2009 - 01:48
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#30
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Member Group: Members Posts: 3,816 Joined: 20 Dec 2008 Member No.: 24,962 |
"I express my disappointment at not being able to try this case."
Sounds more like Judge John Deed! |
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Lo-Fi Version | Time is now: Wednesday, 17th April 2024 - 09:20 |