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Manchester 28 October
DW190
post Wed, 27 Oct 2004 - 08:23
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See the Man in Preparation


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DW190

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post Wed, 27 Oct 2004 - 08:23
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cjm99
post Thu, 28 Oct 2004 - 20:03
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QUOTE
would you


She could have been the arbiter of my guilt! but, yes. I would have crawled through a mile of broken glass, just to sniff her bicycle seat.


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matt1133
post Thu, 28 Oct 2004 - 21:12
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laugh.gif laugh.gif laugh.gif well done!!!!!!!
i knew you would blow them apart, i cant wait to hear the details!!!!!!!!!!!!!


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dave99
post Thu, 28 Oct 2004 - 21:18
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Chris, any idea what would have happened if the postal clerk whose s9 statement you got thrown out had been in attendance today? The S9 would have been overridden by his evidence in the witness box wouldnt it?

The barrister basically said all these cases will be withdrawn by the crown if s9 statements are incorrectly served (once the defendant realises!). She started spouting "ambush, ambush" when Chris brought it up and talked about mohindra - "its not fair - I had no idea this would be brought up". Luckily the clerk said a lay defendant had every right not to disclose their defence and could just turn up with it on the day (shame the clerk in my case took the opposite view sad.gif)

Anyway, a good day out for the Manchester branch of the naughty boys club smile.gif
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cjm99
post Thu, 28 Oct 2004 - 21:37
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Dave,

Over the next few days, I shall try to expand on the law as I understand it, and the specific detail of my case.


Frankly, it was a comody of errors!

I will have to recruit the expertise of you guys who can create liks to copies of documents. I shall atempt to present every aspect of my case, (complex as it is) with full copies of everything.

I hope, that it may help others. Notwithstanding this, as we could see from the solid resistance of the prosecutor, there is no substitute for preparation not only of your arguement, but also of every contingency you can for see.


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jeffreyarcher
post Thu, 28 Oct 2004 - 21:38
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Excellent, Chris. Congratulations!
QUOTE (dave99)
Luckily the clerk said a lay defendant had every right not to disclose their defence and could just turn up with it on the day (shame the clerk in my case took the opposite view)

Indeed. ISTR that Chris has previously seen defendents prohibited from bringing up case law on the grounds that it had not previously been disclosed, and, conversely, the CPS permitted to do just that, both in Manchester.
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cjm99
post Thu, 28 Oct 2004 - 21:47
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QUOTE
previously seen defendents prohibited from bringing up case law on the grounds that it had not previously been disclosed,


Yes, to be fair, I was trying to bait the Clerk in the cosy chat period to suggest this, because the thrust of my arguement was in primary legislation (I could have coped with out Mahindra. Just!). but the CPS would be fu@@d in an unsigned case without Francis. The Clerk, was very good at not taking bait.

Despite copious amounts of red wine, the amnesia of the day is fading.


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DW190
post Thu, 28 Oct 2004 - 22:27
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QUOTE
but the CPS would be fu@@d in an unsigned case without Francis.


The lovely clerk pointed out that she also had the most recent 2004 case of Francis at the ready. Chris's perseverence on the exhibits rule fudged em. The prostitutor was taken aback and shrivilled into her big knickers.

Funnilly I was chatting to her in the lift on arrival at the court, she was all smiles then.

I dont know if Chris and the others were aware but the previous case that had been on all morning and into the afternoon ended on a Not Guilty. Insufficient evidence of identity.

If shes paid on success she'd be better in the other prostitution trade.


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DW190

BLUNT PENCILS ARE MORE RELIABLE THAN SHARP MEMORIES

|^^^^^^^^^^^\||
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Mika
post Fri, 29 Oct 2004 - 06:52
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DW,

For the CPS to lose one speeding prosecution in a Magistrates’ Court was unfortunate but, to lose two consecutive cases, was careless. icon_eyes.gif


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AR
post Fri, 29 Oct 2004 - 07:19
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As CJM mentioned, I went along for the show .... being my first ever time at a trial, I was surprised how the prosecution 'try it on' - luckily CJM knew what he was talking about and persevered ...

I now know that the prosecution/CPS will try to get you to cave in before the hearing ... I'm just wondering whether I will last now .... but with the support of CJM, DW190, Firefly, etc ... I am confident !!

Good result CJM !! icon_wink.gif
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