I think Sarastro's done.
As arranged on Tuesday (23/7/13) today I returned to the Croydon custody centre in relation to the criminal damage allegations against. As pre-discussed with the Officer In Charge (OIC) of the case 'Sarastro' it was simply a matter of being charged with no arrest, search, detention or interview. A representative of the independent appropriate adult service was present though.
The charge is simple criminal damage contrary to Section 1 subsection 1 of the 1971 Criminal Damage Act. The estimated value of the damage is GBP313.37 which if is an accurate estimate of the cost of replacing two double glazed window units I certainly want the name of the Notting Hill Housing Trusts (NHHT) contractor. This is important because the Section 1.1 offence is what is known as an either way offence. That means it can either be tried at a Crown Court or the lesser Magistrates Court which can only hand down a maximum sentence of 6 months imprisonment. What normally determines which Court tries the case is the value of the damage caused with GBP5000 being the normal cut-off. Therefore it appears very much as if the NHHT and Sarastro have colluded to underestimate the value of the damage caused in order to make sure that the case is kept in Croydon Magistrate Court which is demonstrably biased in their favour.
During the charging process I listed my father as a vulnerable person who would be deprived of care during my absence and had recorded the fact that the OIC had been furnished with copies of documents demonstrating that the criteria of lawful excuse as listed in Section 2 of the act have been fulfilled. However I did not push the issue because his choices are his responsibility not mine. I also made the custody sergeant and the OIC aware of the fact that in order to prosecute the case Croydon Magistrates Court will have to rule that it is either incompetent or unfairly biased in favour of the NHHT rendering it unable to hear the case. The police decided to ignore this and issued a summons for me to appear at Croydon Magistrates Court on August 23rd (23/8/13) at 09:30 (local). In the meantime I have been placed back on police bail with the same restrictions about contacting named individuals. The named individuals are also supposed to expect a visit from the OIC to remind them that they are also forbidden from contacting me or committing criminal offences against me or my property. Much to the annoyance of the appropriate adult by telling the custody sergeant I intend to represent myself I was finally able to obtain the DVDR of my original interview. I may try and upload it to YouTube later.
Before the NHHT and Croydon Magistrates Court start cracking open the champagne I should point out that as anyone who watches "Law & Order UK" knows the people are represented by two bodies in the criminal justice system. The police who investigate crime and the Crown Prosecution Service (CPS) who prosecute offenders. The decision to charge me has been taken by the police without the involvement of the CPS therefore before it can proceed to trial the charging decision will have to be reviewed by the CPS. The CPS was set up in 1986 in response to miscarriages of justice such as the Birmingham Six, the Guildford Four, the Maguire Seven, the Bridgewater Four and pretty much every case handled by West Yorkshire Police during the 1970's and 1980's. The CPS' specific purpose is to take the decision whether to prosecute or not out of the hands of corrupt local police officers with grudges.
Therefore I fully expect that in the next seven days I will receive a letter from the CPS informing me that the police's charging decision has been overruled and no further action is to be taken against me. After all if the case is to proceed it will proceed all the way to the International Criminal Court (ICC) or until the correct, lawful conclusion is reached. However if the CPS continue with the prosecution I may possibly instruct a solicitor but it hardly takes a genius to file a motion to dismiss.
16:20 on 25/7/13.
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