I'll probably never know who you are.  

Some of you are quite obviously legally trained, or have extensive professional experience. Some are talented amateurs.  Others are well wishers and advocates of our basic rights.

It doesn't matter.

The guidance, intellectual capital and confidence I have gained from my last 12 months on this board meant that today in Birmingham Magistrates Court my only crime was being over prepared.

Regulars know its been well over a year since the allegation was made.  Today in 20 minutes it was decided that doublej had no case to answer

This would not have been possible without regular pepipoo contributors.  cjm99, observer, firelfly in particular.  

Thank you all.

short verdict

The prosecutiuon made no attempt to establish the identity of driver.  No case to answer

detail

there is a LOT to say (about me insisting  my girlfriend sit next to me as my assistant and the clerk using the term Mckenzie Friend - when we know thats not the preferred term  :shock:  )  but i'll keep in brief right now .
proceedings

The prosecutorm confirmed her apparent youth and inexperience.  In opening she called her primary witness. PC Benjamin.    She then introduced photographs of my car and  led (yes, i could have objected) the witness  to say how the camera was accurate, how the photos had been prodcued and handled with integrity and how the car bearing registration XXXXXXX was speeding.

Then she rested.  :shock:

....and I was slightly thrown. However  I was invited to question the witness pc benjamin.  WHich I did.  Since they had chosen to call a Policeman ,  I  had decided to setup a small decoy (about persuing the 'dodgy cam' route) when invited to cross examine:

"There are 2 cars in the photo how do we know "the car in question" triggered the device ?
"
(unsatisfactory answer)


"Forgive me, I'm not au fait with the technology, tell me again how we can be sure 'the car in question' triggered the camera - and not another car in the picture.  

(unsatisfactory answer)

The magistrate REPEATED THE QUESTIION AGAIN - he wasn't happy with it. But thats by the by - remember none of this is significant to my defence.

"These photos.,,.   the car in the 1st pic is much larger.  Are they enhanced ?"

"No,  we just blow them up and add light"

"Ah.  But you don't think that's enhancing them ?"

"No."

"Thank you constable".

Clerk (who spots this is going nowhere) because I'm sitting in silence, asks me if my plea is still not guilty and invites me to give evidence, and points to the stand.

I believe this was a ploy to get doublej on the stand.


I said informally I mght have  evidence to submit, wearing my 'advocates hat '  but that I had none to give as a witness.

"If you give no evidence, the court may view this in a poor light.  Are you sure ?  Would you like to close ?"

(bit of thought)

"Yes"

"Why?" (from the clerk - who despite claiming neutrality, seems determined to make an afternoon of it.)

"pause"

"I believe there is no case to answer"

The bench retired.  The Clerk approached the prosecution who was my now red as  a beetroot.  Said it very much looks like no case.  Why didnt you do more ?"  

(no real answer heard)

Cleark says "Crown and Gabriel (i think) - suggests defendant has no case to answer"  

PROSECUTOR SAYS OH SHIT AND RUNS OUT OF COURT.

Bennch returns (after 10 mins with the clerk)

Your free to go.


[/b]

You've raised the bar for all of us (with the possible exception of Blackbird and the case of the disappearing bench).

Fabulous news  :D  :D  :D

Don't throw away your referance material, it's only a matter of time before you will need it again.

Please don't hit them hard for costs.

I'm left with  a slightly empty feeling !

I had a bagful of law in hand !  Prepared to quote statute and precedent and impress the Court

In the end I was calm enough to suggest there was no case to answer - and resist unloading.

I left court with praise heaped on me from the missus but I felt I hadn't done anything at all, feeling it was their incompetance and sheer luck.

This missus....my 'mckenzie friend' did 4 years law plus half  an LLB - and had nothing at all to do my defence - I did that alone with Pepipoo.  SHe had the grace to remind me that I'd beaten them on a point of law.

She suggested that they had fully expected me to see the photo evidence and the police man and change my plea - and they were surprised when I avoided taking the stand and had the nous to offer that there was no case to answer, rather than buckling and surrendering some kind of admission.

This was re-assurring.  I was so prepared for considerable engagement, I had not noticed that the knowledge of just the very basics - learned here - had been sufficient - even efficient.

You know, I even felt like apologising : the prosecutor took it hard.

Why She didn't attempt to establish the driver .......I'll never know.

My Mckenzie Friend thinks that me being 'unrepresented', made them over confident. ....and also  that perhaps they had wanted to avoid introducing the unsigned NIP.

I thihnk I got lucky......on a Friday afternoon hearing with a rookie.

.  The prosecution were humilitated.   This would not have been the case had they introduced the evidence properly.  Yes, they may still have failed to secure a conviction : but they would have saved  face becausee they can only use the evidence they are passed.


Like I said, I'll never know.

 :lol:  :lol:  :lol:  :lol:  :lol:  :lol:  :lol:  8)

cool. v well played.  And as you say, kudos to all the people who helped you.

Well done jj.  Really pleased that you stuck it out and stuck it up 'em.  It's fantastic encouragement for the rest of us.

Double cheers.

Hi jj,

Superb result. Isn't it the best feeling when you take them on and get a result?

My account's in the post.....  :tongue1:

Congratulations, very well done. Having been there I know it's not easy to remain calm and focussed when in court.

Good job done, doublej  :D

As has already been said, this result offers encouragement to everyone else willing to take THEM on.

WELL DONE

And don’t forget to seek Chris’ assistance with your cost claim – he is quite good at preparing those too.

Congrats jj, a job very well done!  :D

jj

Excellent result 8)
Crulty to the CPS will not however be tolerated  :wink:

Regards

Nice one JJ,

perhaps you will consider lending  out your Mkenzie's  friend   together with notes..  :lol:

bill

Well done jj

                 :hello1:  :hello1:  :hello1:  :hello1:  :hello1:  :hello1:  

From the N.Ireland Pepipoo contingent

Well done JJ. Nice to see them suffer.

Regards Joe

Hi

Well done Double J



she probably didnt like thought of it up her a**e. She should of hung around to take her punishment.
_________________

Hi Firefly

I should check out those smileys first. Much better