Monday, 11 November 2013

There Must Be a Climate Summit On.

Because as has been the case in three of the past four years I find myself writing the sentence; "I'm going to be in Court tomorrow."

As I've been saying since this criminal damage allegation began back in May 2013 I'm not going to reveal my defence strategy by going into detail before the trial. However I think I am able to tell you about something important that has or rather hasn't happened. The Crown Prosecution Service (CPS) have failed to disclose the evidence alluded to in the initial case file to my defence team. As a result we have not been able to examine this evidence meaning we cannot mount a proper defence meaning that a fair trial cannot take place.

As such legally the only thing the CPS can do tomorrow is request that the Court grants an adjournment until such a time as this evidence is released and can be examined by the defence. The Magistrate is under absolutely no obligation to grant this request and my defence will be vigorously opposing it and pushing for a full acquittal instead. After all this is entirely the CPS' fault and the continuation of the case and the associated bail conditions infringe on my liberty.

So at the risk of famous last words and although I've spent the day making preparation I fully expect to turn up to Court tomorrow only to be told by my attorney that the case has been dismissed and I can leave straight away. After all 'forgetting' to disclose evidence prior to trial is an old trick for making cases disappear without having to explain the real reason why the prosecution has failed. The only worry is that this type of trick is normally a bit above a local Magistrate's pay-grade.

23:10 on 11/11/13.

No comments: