• Jury nullification : the latest!

    From The Todal@21:1/5 to All on Mon Apr 22 13:50:46 2024
    Wonderful news! Trudi Warner, who held a placard advising jurors that
    they had the right to acquit a defendant irrespective of what the judge
    says, has won. In an excellent judgment, Mr Justice Saini has dismissed
    the application by the Solicitor General to bring proceedings for
    contempt against Ms Warner. Her conduct was in no way unlawful.

    quote

    The trial of a number of defendants affiliated with the environmental
    group Insulate Britain was due to begin at Inner London Crown Court on
    Monday 27 March 2023.
    Between 8am and 9am, in the area near the entrance to that court used by
    judges and jurors, Ms Warner carried a placard with the handwritten
    words: “JURORS YOU HAVE AN ABSOLUTE RIGHT TO ACQUIT A DEFENDANT
    ACCORDING TO YOUR CONSCIENCE”.

    https://www.judiciary.uk/wp-content/uploads/2024/04/HM-Solicitor-General-v-Warner-Judgment-22.4.24-KB.pdf

    --- SoupGate-Win32 v1.05
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  • From GB@21:1/5 to The Todal on Mon Apr 22 14:43:25 2024
    On 22/04/2024 13:50, The Todal wrote:
    Wonderful news! Trudi Warner, who held a placard advising jurors that
    they had the right to acquit a defendant irrespective of what the judge
    says, has won. In an excellent judgment, Mr Justice Saini has dismissed
    the application by the Solicitor General to bring proceedings for
    contempt against Ms Warner. Her conduct was in no way unlawful.

    quote

    The trial of a number of defendants affiliated with the environmental
    group Insulate Britain was due to begin at Inner London Crown Court on
    Monday 27 March 2023.
    Between 8am and 9am, in the area near the entrance to that court used by judges and jurors, Ms Warner carried a placard with the handwritten
    words: “JURORS YOU HAVE AN ABSOLUTE RIGHT TO ACQUIT A DEFENDANT
    ACCORDING TO YOUR CONSCIENCE”.

    https://www.judiciary.uk/wp-content/uploads/2024/04/HM-Solicitor-General-v-Warner-Judgment-22.4.24-KB.pdf



    It's obviously reasonable that jurors should use their common sense and conscience.

    What's not at all obvious is why anyone chose to prosecute this lady,
    with the result of proving her right? Will this inspire Tommy Robinson
    to appeal his contempt sentence?

    --- SoupGate-Win32 v1.05
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  • From Nick Odell@21:1/5 to All on Mon Apr 22 15:14:32 2024
    On Mon, 22 Apr 2024 13:50:46 +0100, The Todal <the_todal@icloud.com>
    wrote:

    Wonderful news! Trudi Warner, who held a placard advising jurors that
    they had the right to acquit a defendant irrespective of what the judge
    says, has won. In an excellent judgment, Mr Justice Saini has dismissed
    the application by the Solicitor General to bring proceedings for
    contempt against Ms Warner. Her conduct was in no way unlawful.

    quote

    The trial of a number of defendants affiliated with the environmental
    group Insulate Britain was due to begin at Inner London Crown Court on
    Monday 27 March 2023.
    Between 8am and 9am, in the area near the entrance to that court used by >judges and jurors, Ms Warner carried a placard with the handwritten
    words: JURORS YOU HAVE AN ABSOLUTE RIGHT TO ACQUIT A DEFENDANT
    ACCORDING TO YOUR CONSCIENCE.

    https://www.judiciary.uk/wp-content/uploads/2024/04/HM-Solicitor-General-v-Warner-Judgment-22.4.24-KB.pdf

    A very interesting judgment which raises two questions for me, one of
    which is relevant to law in the UK.

    Did the Solicitor General press ahead with this case against the
    advice of their legal advisors or is the quality of legal advice in
    Downing Street so poor that the course of action taken by the SG was
    suggested by those advisors and then accepted by the SG?

    The other question, following significant mention in the judgment of
    contempt in other Common Law countries, in particular the United
    States of America, is whether these principles might have any bearing
    on a high profile criminal case presently taking place in New York?

    Nick

    --- SoupGate-Win32 v1.05
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  • From Tim Jackson@21:1/5 to All on Mon Apr 22 15:27:42 2024
    On Mon, 22 Apr 2024 14:43:25 +0100, GB wrote...

    On 22/04/2024 13:50, The Todal wrote:
    Wonderful news! Trudi Warner, who held a placard advising jurors that
    they had the right to acquit a defendant irrespective of what the judge says, has won. In an excellent judgment, Mr Justice Saini has dismissed
    the application by the Solicitor General to bring proceedings for
    contempt against Ms Warner. Her conduct was in no way unlawful.

    quote

    The trial of a number of defendants affiliated with the environmental
    group Insulate Britain was due to begin at Inner London Crown Court on Monday 27 March 2023.
    Between 8am and 9am, in the area near the entrance to that court used by judges and jurors, Ms Warner carried a placard with the handwritten
    words: “JURORS YOU HAVE AN ABSOLUTE RIGHT TO ACQUIT A DEFENDANT
    ACCORDING TO YOUR CONSCIENCE”.

    https://www.judiciary.uk/wp-content/uploads/2024/04/HM-Solicitor-General-v-Warner-Judgment-22.4.24-KB.pdf



    It's obviously reasonable that jurors should use their common sense and conscience.

    What's not at all obvious is why anyone chose to prosecute this lady,
    with the result of proving her right? Will this inspire Tommy Robinson
    to appeal his contempt sentence?

    The judgment explicitly contrasts the defendant's actions from those of
    Tommy Robinson (Yaxley-Lennon).

    --
    Tim Jackson
    news@timjackson.invalid
    (Change '.invalid' to '.plus.com' to reply direct)

    --- SoupGate-Win32 v1.05
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  • From Jon Ribbens@21:1/5 to Nick Odell on Mon Apr 22 18:54:11 2024
    On 2024-04-22, Nick Odell <nickodell49@yahoo.ca> wrote:
    On Mon, 22 Apr 2024 13:50:46 +0100, The Todal <the_todal@icloud.com>
    wrote:

    Wonderful news! Trudi Warner, who held a placard advising jurors that
    they had the right to acquit a defendant irrespective of what the judge >>says, has won. In an excellent judgment, Mr Justice Saini has dismissed
    the application by the Solicitor General to bring proceedings for
    contempt against Ms Warner. Her conduct was in no way unlawful.

    quote

    The trial of a number of defendants affiliated with the environmental
    group Insulate Britain was due to begin at Inner London Crown Court on >>Monday 27 March 2023.
    Between 8am and 9am, in the area near the entrance to that court used by >>judges and jurors, Ms Warner carried a placard with the handwritten
    words: “JURORS YOU HAVE AN ABSOLUTE RIGHT TO ACQUIT A DEFENDANT
    ACCORDING TO YOUR CONSCIENCE”.
    https://www.judiciary.uk/wp-content/uploads/2024/04/HM-Solicitor-General-v-Warner-Judgment-22.4.24-KB.pdf

    A very interesting judgment which raises two questions for me, one of
    which is relevant to law in the UK.

    Did the Solicitor General press ahead with this case against the
    advice of their legal advisors or is the quality of legal advice in
    Downing Street so poor that the course of action taken by the SG was suggested by those advisors and then accepted by the SG?

    The Solicitor General (an excellent example of nominative determinism,
    going by the name of Robert Courts) is a barrister of twenty years'
    standing, so one would hope that he would have been able to determine
    by himself that he was advancing a case that was "not even arguable". Presumably he was given orders from above that he should proceed
    regardless.

    --- SoupGate-Win32 v1.05
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  • From Roger Hayter@21:1/5 to All on Mon Apr 22 19:21:14 2024
    On 22 Apr 2024 at 19:54:11 BST, "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote:

    On 2024-04-22, Nick Odell <nickodell49@yahoo.ca> wrote:
    On Mon, 22 Apr 2024 13:50:46 +0100, The Todal <the_todal@icloud.com>
    wrote:

    Wonderful news! Trudi Warner, who held a placard advising jurors that
    they had the right to acquit a defendant irrespective of what the judge
    says, has won. In an excellent judgment, Mr Justice Saini has dismissed
    the application by the Solicitor General to bring proceedings for
    contempt against Ms Warner. Her conduct was in no way unlawful.

    quote

    The trial of a number of defendants affiliated with the environmental
    group Insulate Britain was due to begin at Inner London Crown Court on
    Monday 27 March 2023.
    Between 8am and 9am, in the area near the entrance to that court used by >>> judges and jurors, Ms Warner carried a placard with the handwritten
    words: “JURORS YOU HAVE AN ABSOLUTE RIGHT TO ACQUIT A DEFENDANT
    ACCORDING TO YOUR CONSCIENCE”.

    https://www.judiciary.uk/wp-content/uploads/2024/04/HM-Solicitor-General-v-Warner-Judgment-22.4.24-KB.pdf

    A very interesting judgment which raises two questions for me, one of
    which is relevant to law in the UK.

    Did the Solicitor General press ahead with this case against the
    advice of their legal advisors or is the quality of legal advice in
    Downing Street so poor that the course of action taken by the SG was
    suggested by those advisors and then accepted by the SG?

    The Solicitor General (an excellent example of nominative determinism,
    going by the name of Robert Courts) is a barrister of twenty years'
    standing, so one would hope that he would have been able to determine
    by himself that he was advancing a case that was "not even arguable". Presumably he was given orders from above that he should proceed
    regardless.

    Was there not a time (before Blair) when Government law officers were supposed to have some professional independence, rather then being craven puppets?


    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
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  • From Jon Ribbens@21:1/5 to Roger Hayter on Mon Apr 22 22:13:13 2024
    On 2024-04-22, Roger Hayter <roger@hayter.org> wrote:
    On 22 Apr 2024 at 19:54:11 BST, "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote:

    On 2024-04-22, Nick Odell <nickodell49@yahoo.ca> wrote:
    On Mon, 22 Apr 2024 13:50:46 +0100, The Todal <the_todal@icloud.com>
    wrote:

    Wonderful news! Trudi Warner, who held a placard advising jurors that
    they had the right to acquit a defendant irrespective of what the judge >>>> says, has won. In an excellent judgment, Mr Justice Saini has dismissed >>>> the application by the Solicitor General to bring proceedings for
    contempt against Ms Warner. Her conduct was in no way unlawful.

    quote

    The trial of a number of defendants affiliated with the environmental
    group Insulate Britain was due to begin at Inner London Crown Court on >>>> Monday 27 March 2023.
    Between 8am and 9am, in the area near the entrance to that court used by >>>> judges and jurors, Ms Warner carried a placard with the handwritten
    words: “JURORS YOU HAVE AN ABSOLUTE RIGHT TO ACQUIT A DEFENDANT
    ACCORDING TO YOUR CONSCIENCE”.

    https://www.judiciary.uk/wp-content/uploads/2024/04/HM-Solicitor-General-v-Warner-Judgment-22.4.24-KB.pdf

    A very interesting judgment which raises two questions for me, one of
    which is relevant to law in the UK.

    Did the Solicitor General press ahead with this case against the
    advice of their legal advisors or is the quality of legal advice in
    Downing Street so poor that the course of action taken by the SG was
    suggested by those advisors and then accepted by the SG?

    The Solicitor General (an excellent example of nominative determinism,
    going by the name of Robert Courts) is a barrister of twenty years'
    standing, so one would hope that he would have been able to determine
    by himself that he was advancing a case that was "not even arguable".
    Presumably he was given orders from above that he should proceed
    regardless.

    Was there not a time (before Blair) when Government law officers were supposed to have some professional independence, rather then being
    craven puppets?

    I think that there was such a time even after Blair.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jeff@21:1/5 to All on Tue Apr 23 09:02:48 2024
    Did the Solicitor General press ahead with this case against the
    advice of their legal advisors or is the quality of legal advice in
    Downing Street so poor that the course of action taken by the SG was
    suggested by those advisors and then accepted by the SG?

    The Solicitor General (an excellent example of nominative determinism,
    going by the name of Robert Courts) is a barrister of twenty years'
    standing, so one would hope that he would have been able to determine
    by himself that he was advancing a case that was "not even arguable".
    Presumably he was given orders from above that he should proceed
    regardless.

    Was there not a time (before Blair) when Government law officers were supposed
    to have some professional independence, rather then being craven puppets?


    Surely inciting someone to break their oath as a juror to
    "give a true verdict according to the evidence" must have some credence.

    Jeff

    --- SoupGate-Win32 v1.05
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  • From Tim Jackson@21:1/5 to All on Tue Apr 23 11:46:00 2024
    On Tue, 23 Apr 2024 09:02:48 +0100, Jeff wrote...

    Did the Solicitor General press ahead with this case against the
    advice of their legal advisors or is the quality of legal advice in
    Downing Street so poor that the course of action taken by the SG was
    suggested by those advisors and then accepted by the SG?

    The Solicitor General (an excellent example of nominative determinism,
    going by the name of Robert Courts) is a barrister of twenty years'
    standing, so one would hope that he would have been able to determine
    by himself that he was advancing a case that was "not even arguable".
    Presumably he was given orders from above that he should proceed
    regardless.

    Was there not a time (before Blair) when Government law officers were supposed
    to have some professional independence, rather then being craven puppets?


    Surely inciting someone to break their oath as a juror to
    "give a true verdict according to the evidence" must have some credence.


    See section III (Jury Equity) in the present case, linked in the OP.
    Paragraphs 13-21.

    [quote]

    13. A major feature of this case is the tension between what is
    sometimes called "jury equity" (the power of the jury to give a verdict according to conscience), and the obligation of a jury to follow a
    judge's directions on the law and abide by the juror's oath/affirmation,
    which is to "faithfully try the defendant and deliver a true verdict
    according to the evidence".

    --
    Tim Jackson
    news@timjackson.invalid
    (Change '.invalid' to '.plus.com' to reply direct)

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to Jeff on Tue Apr 23 11:10:23 2024
    On 2024-04-23, Jeff <jeff@ukra.com> wrote:
    Did the Solicitor General press ahead with this case against the
    advice of their legal advisors or is the quality of legal advice in
    Downing Street so poor that the course of action taken by the SG was
    suggested by those advisors and then accepted by the SG?

    The Solicitor General (an excellent example of nominative determinism,
    going by the name of Robert Courts) is a barrister of twenty years'
    standing, so one would hope that he would have been able to determine
    by himself that he was advancing a case that was "not even arguable".
    Presumably he was given orders from above that he should proceed
    regardless.

    Was there not a time (before Blair) when Government law officers were
    supposed to have some professional independence, rather then being
    craven puppets?

    Surely inciting someone to break their oath as a juror to
    "give a true verdict according to the evidence" must have some credence.

    Part of the reason for the case being dismissed is that she did no such
    thing. She held a sign that informed them of a legal right they have.
    She didn't tell them they should use it.

    --- SoupGate-Win32 v1.05
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  • From Norman Wells@21:1/5 to Jeff on Tue Apr 23 13:22:45 2024
    On 23/04/2024 09:02, Jeff wrote:
    Did the Solicitor General press ahead with this case against the
    advice of their legal advisors or is the quality of legal advice in
    Downing Street so poor that the course of action taken by the SG was
    suggested by those advisors and then accepted by the SG?

    The Solicitor General (an excellent example of nominative determinism,
    going by the name of Robert Courts) is a barrister of twenty years'
    standing, so one would hope that he would have been able to determine
    by himself that he was advancing a case that was "not even arguable".
    Presumably he was given orders from above that he should proceed
    regardless.

    Was there not a time (before Blair) when Government law officers were
    supposed
    to have some professional independence, rather then being craven puppets?


    Surely inciting someone to break their oath as a juror to
    "give a true verdict according to the evidence" must have some credence.

    Except that the protestors were not inciting anyone to do anything.
    They merely held placards reading:

    "Juries have a right to give their verdict according to their convictions".

    That's just a statement of a fact. If doing so means they have broken
    their oath, then some god or other will doubtless send them to hell,
    because there's no-one else who can prove it or take any action.

    But it's a very curious prosecution since a plaque on the wall of the
    Old Bailey, that central pillar of UK justice, outside which the
    protestors were protesting, that reads, for all to see:

    "Near this Site WILLIAM PENN and WILLIAM MEAD were tried in 1670 for
    preaching to an unlawful assembly in Grace Church Street
    This tablet Commemorates The courage and endurance of the Jury Thos
    Vere, Edward Bushell and ten others who refused to give a verdict
    against them, although locked up without food for two nights, and were
    fined for their final verdict of Not Guilty

    "The case of these Jurymen was reviewed on a writ of Habeas Corpus and
    Chief Justice Vaughan delivered the opinion of the Court which
    established The Right of Juries to give their Verdict according to their Convictions"

    https://en.m.wikipedia.org/wiki/File:William_Penn_%26_William_Mead_-_plaque_-_01.jpg

    --- SoupGate-Win32 v1.05
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  • From billy bookcase@21:1/5 to Norman Wells on Tue Apr 23 17:14:45 2024
    "Norman Wells" <hex@unseen.ac.am> wrote in message news:l8pnglF3pp5U3@mid.individual.net...

    But it's a very curious prosecution since a plaque on the wall of the Old Bailey, that
    central pillar of UK justice, outside which the protesters were protesting, that reads,
    for all to see:

    In fact the protesters were protesting outside the Inner London Crown Court which is situated on Newington Causeway, a few miles to the North.

    bb

    --- SoupGate-Win32 v1.05
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  • From Jon Ribbens@21:1/5 to billy bookcase on Tue Apr 23 17:12:16 2024
    On 2024-04-23, billy bookcase <billy@anon.com> wrote:
    "Norman Wells" <hex@unseen.ac.am> wrote in message news:l8pnglF3pp5U3@mid.individual.net...
    But it's a very curious prosecution since a plaque on the wall of the
    Old Bailey, that central pillar of UK justice, outside which the
    protesters were protesting, that reads, for all to see:

    In fact the protesters were protesting outside the Inner London Crown Court which is situated on Newington Causeway, a few miles to the North.

    So? Are you suggesting that these words are perfectly acceptable at the
    Old Bailey yet for some reason are potentially criminal contempt if
    displayed at any other court?

    --- SoupGate-Win32 v1.05
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  • From Jethro_uk@21:1/5 to All on Tue Apr 23 13:51:02 2024
    Why did the SG have to "seek permission" ?

    And how was it in the gift of the court to refuse it ?

    Is there any appeal against this decision ?

    --- SoupGate-Win32 v1.05
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  • From Pancho@21:1/5 to billy bookcase on Tue Apr 23 19:18:27 2024
    On 23/04/2024 17:14, billy bookcase wrote:

    In fact the protesters were protesting outside the Inner London Crown Court which is situated on Newington Causeway, a few miles to the North.


    Geography not your strong subject?

    --- SoupGate-Win32 v1.05
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  • From Roger Hayter@21:1/5 to Pancho on Tue Apr 23 18:35:28 2024
    On 23 Apr 2024 at 19:18:27 BST, "Pancho" <Pancho.Jones@proton.me> wrote:

    On 23/04/2024 17:14, billy bookcase wrote:

    In fact the protesters were protesting outside the Inner London Crown Court >> which is situated on Newington Causeway, a few miles to the North.


    Geography not your strong subject?

    I expect he's thinking of Stoke Newington.

    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
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  • From Jon Ribbens@21:1/5 to Roger Hayter on Tue Apr 23 19:16:23 2024
    On 2024-04-23, Roger Hayter <roger@hayter.org> wrote:
    On 23 Apr 2024 at 19:18:27 BST, "Pancho" <Pancho.Jones@proton.me> wrote:
    On 23/04/2024 17:14, billy bookcase wrote:
    In fact the protesters were protesting outside the Inner London
    Crown Court which is situated on Newington Causeway, a few miles to
    the North.

    Geography not your strong subject?

    I expect he's thinking of Stoke Newington.

    The Inner London Crown Court is indeed on a road called "Newington
    Causeway", it's just 1.2 miles south of the Old Bailey rather than
    "a few miles to the North" of it.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to Jon Ribbens on Tue Apr 23 18:55:16 2024
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message news:slrnv2fqvg.4ab.jon+usenet@raven.unequivocal.eu...
    On 2024-04-23, billy bookcase <billy@anon.com> wrote:
    "Norman Wells" <hex@unseen.ac.am> wrote in message
    news:l8pnglF3pp5U3@mid.individual.net...
    But it's a very curious prosecution since a plaque on the wall of the
    Old Bailey, that central pillar of UK justice, outside which the
    protesters were protesting, that reads, for all to see:

    In fact the protesters were protesting outside the Inner London Crown Court >> which is situated on Newington Causeway, a few miles to the North.

    So?

    I was merely correcting an erroneous statement.

    Which might otherwise have been recorded for posterity.

    Are you suggesting that these words are perfectly acceptable at the
    Old Bailey yet for some reason are potentially criminal contempt if
    displayed at any other court?

    Er no. What possible grounds could anyone have for formulating such
    a bizarre interpretation of a simple factual correction?


    bb

    --- SoupGate-Win32 v1.05
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  • From Norman Wells@21:1/5 to billy bookcase on Tue Apr 23 19:28:52 2024
    On 23/04/2024 17:14, billy bookcase wrote:
    "Norman Wells" <hex@unseen.ac.am> wrote in message news:l8pnglF3pp5U3@mid.individual.net...

    But it's a very curious prosecution since a plaque on the wall of the Old Bailey, that
    central pillar of UK justice, outside which the protesters were protesting, that reads,
    for all to see:

    In fact the protesters were protesting outside the Inner London Crown Court which is situated on Newington Causeway, a few miles to the North.

    "At the Old Bailey in London on Monday several people holding placards
    gathered outside court in support of Warner. Similar actions took place
    in Manchester and Bristol."

    https://www.theguardian.com/uk-news/2023/sep/25/protests-courts-england-activist-charged-jury-rights-sign

    --- SoupGate-Win32 v1.05
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  • From Roger Hayter@21:1/5 to Norman Wells on Tue Apr 23 20:12:26 2024
    On 23 Apr 2024 at 19:28:52 BST, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 23/04/2024 17:14, billy bookcase wrote:
    "Norman Wells" <hex@unseen.ac.am> wrote in message
    news:l8pnglF3pp5U3@mid.individual.net...

    But it's a very curious prosecution since a plaque on the wall of the Old >>> Bailey, that
    central pillar of UK justice, outside which the protesters were protesting, >>> that reads,
    for all to see:

    In fact the protesters were protesting outside the Inner London Crown Court >> which is situated on Newington Causeway, a few miles to the North.

    "At the Old Bailey in London on Monday several people holding placards gathered outside court in support of Warner. Similar actions took place
    in Manchester and Bristol."

    https://www.theguardian.com/uk-news/2023/sep/25/protests-courts-england-activist-charged-jury-rights-sign

    Surely the Guardian could never be wrong?

    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
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  • From Jon Ribbens@21:1/5 to billy bookcase on Tue Apr 23 21:25:31 2024
    On 2024-04-23, billy bookcase <billy@anon.com> wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message news:slrnv2fqvg.4ab.jon+usenet@raven.unequivocal.eu...
    On 2024-04-23, billy bookcase <billy@anon.com> wrote:
    "Norman Wells" <hex@unseen.ac.am> wrote in message
    news:l8pnglF3pp5U3@mid.individual.net...
    But it's a very curious prosecution since a plaque on the wall of the
    Old Bailey, that central pillar of UK justice, outside which the
    protesters were protesting, that reads, for all to see:

    In fact the protesters were protesting outside the Inner London
    Crown Court which is situated on Newington Causeway, a few miles to
    the North.

    So?

    I was merely correcting an erroneous statement.

    Apologies, I didn't notice that Norman had specifically claimed
    that they were protesting outside the Old Bailey, rather than
    merely mentioning the plaque there.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to Norman Wells on Wed Apr 24 00:13:51 2024
    "Norman Wells" <hex@unseen.ac.am> wrote in message news:l8qcv5F83jeU1@mid.individual.net...
    On 23/04/2024 17:14, billy bookcase wrote:
    "Norman Wells" <hex@unseen.ac.am> wrote in message
    news:l8pnglF3pp5U3@mid.individual.net...

    But it's a very curious prosecution since a plaque on the wall of the Old Bailey,
    that
    central pillar of UK justice, outside which the protesters were protesting, that
    reads,
    for all to see:

    In fact the protesters were protesting outside the Inner London Crown Court >> which is situated on Newington Causeway, a few miles to the North.

    "At the Old Bailey in London on Monday several people holding placards gathered outside
    court in support of Warner. Similar actions took place in Manchester and Bristol."

    https://www.theguardian.com/uk-news/2023/sep/25/protests-courts-england-activist-charged-jury-rights-sign

    That's a different group of protesters.

    They're protesting about the original group of protesters being prosecuted

    The latter who actually consisted only of Ms Warner and here friend were the ones you were originally referring to


    "Norman Wells" <hex@unseen.ac.am> wrote in message news:l8pnglF3pp5U3@mid.individual.net...

    Except that the protesters were not inciting anyone to do anything. They merely held
    placards reading:

    "Juries have a right to give their verdict according to their convictions".

    That's just a statement of a fact. If doing so means they have broken their oath, then
    some god or other will doubtless send them to hell, because there's no-one else who can
    prove it or take any action.

    But it's a very curious prosecution since a plaque on the wall of the Old Bailey, that
    central pillar of UK justice, outside which the protesters were protesting, that reads,
    for all to see:

    It's the ones who were protesting outside the Inner London Crown Court who were being
    prosecuted. Not the ones protesting outside the Old Bailey about the ones protesting outside the Inner London Crown Court being prosecuted.

    And in any case the whole point is that its questionable whether Ms Warner and her
    friend can be classed as "protesters", in any sense at all. When as you yourself
    point out, Ms Warner was simply holding up a placard enunciating what
    HH Justice Saini himself described as "a principle of our law"


    bb

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  • From billy bookcase@21:1/5 to Jon Ribbens on Wed Apr 24 08:25:52 2024
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message news:slrnv2g9qb.4ab.jon+usenet@raven.unequivocal.eu...
    On 2024-04-23, billy bookcase <billy@anon.com> wrote:
    "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote in message
    news:slrnv2fqvg.4ab.jon+usenet@raven.unequivocal.eu...
    On 2024-04-23, billy bookcase <billy@anon.com> wrote:
    "Norman Wells" <hex@unseen.ac.am> wrote in message
    news:l8pnglF3pp5U3@mid.individual.net...
    But it's a very curious prosecution since a plaque on the wall of the >>>>> Old Bailey, that central pillar of UK justice, outside which the
    protesters were protesting, that reads, for all to see:

    In fact the protesters were protesting outside the Inner London
    Crown Court which is situated on Newington Causeway, a few miles to
    the North.

    So?

    I was merely correcting an erroneous statement.

    Apologies, I didn't notice that Norman had specifically claimed
    that they were protesting outside the Old Bailey, rather than
    merely mentioning the plaque there.

    It was a close-run thing, nevertheless.

    As it's only the fact that Norman specifically refers to
    "a very curious prosecution" that leads one to conclude
    that he must originally have been referring to Ms Warner, who
    was exhibiting her placard outside of the Inner London Crown
    Court.

    i.e what was "curious" was the fact the Ms Warner was holding
    up a placard outside of the Inner London Crown Court which exactly
    mirrored the sentiment of a plaque 1.2 miles to the North in
    the Old Bailey.

    Not the fact that subsequent protesters in support of Ms Warner
    whose case was being decided in the Strand, a mile or so to the West
    were holding up similar placards outside of the Old Bailey only yards
    away from the original. Indeed such could only be expected, in
    pointing up the curious nature of Ms Warner's original
    prosecution.

    Let's just hope this clears things up.


    bb

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  • From Jeff@21:1/5 to Jon Ribbens on Wed Apr 24 09:16:16 2024
    On 23/04/2024 12:10, Jon Ribbens wrote:
    On 2024-04-23, Jeff <jeff@ukra.com> wrote:
    Did the Solicitor General press ahead with this case against the
    advice of their legal advisors or is the quality of legal advice in
    Downing Street so poor that the course of action taken by the SG was >>>>> suggested by those advisors and then accepted by the SG?

    The Solicitor General (an excellent example of nominative determinism, >>>> going by the name of Robert Courts) is a barrister of twenty years'
    standing, so one would hope that he would have been able to determine
    by himself that he was advancing a case that was "not even arguable".
    Presumably he was given orders from above that he should proceed
    regardless.

    Was there not a time (before Blair) when Government law officers were
    supposed to have some professional independence, rather then being
    craven puppets?

    Surely inciting someone to break their oath as a juror to
    "give a true verdict according to the evidence" must have some credence.

    Part of the reason for the case being dismissed is that she did no such thing. She held a sign that informed them of a legal right they have.
    She didn't tell them they should use it.


    Well since they took an oath to give a true verdict according to the
    evidence I don't see how they have such a right.

    Jeff

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  • From Jon Ribbens@21:1/5 to Jeff on Wed Apr 24 09:47:25 2024
    On 2024-04-24, Jeff <jeff@ukra.com> wrote:
    On 23/04/2024 12:10, Jon Ribbens wrote:
    On 2024-04-23, Jeff <jeff@ukra.com> wrote:
    Did the Solicitor General press ahead with this case against the
    advice of their legal advisors or is the quality of legal advice in >>>>>> Downing Street so poor that the course of action taken by the SG was >>>>>> suggested by those advisors and then accepted by the SG?

    The Solicitor General (an excellent example of nominative determinism, >>>>> going by the name of Robert Courts) is a barrister of twenty years'
    standing, so one would hope that he would have been able to determine >>>>> by himself that he was advancing a case that was "not even arguable". >>>>> Presumably he was given orders from above that he should proceed
    regardless.

    Was there not a time (before Blair) when Government law officers were
    supposed to have some professional independence, rather then being
    craven puppets?

    Surely inciting someone to break their oath as a juror to
    "give a true verdict according to the evidence" must have some credence.

    Part of the reason for the case being dismissed is that she did no such
    thing. She held a sign that informed them of a legal right they have.
    She didn't tell them they should use it.

    Well since they took an oath to give a true verdict according to the
    evidence I don't see how they have such a right.

    Well I guess you're gonna just have to take my word (and the word of the
    judge in this case) for it that they do.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jeff@21:1/5 to Jon Ribbens on Thu Apr 25 10:20:00 2024
    On 24/04/2024 10:47, Jon Ribbens wrote:
    On 2024-04-24, Jeff <jeff@ukra.com> wrote:
    On 23/04/2024 12:10, Jon Ribbens wrote:
    On 2024-04-23, Jeff <jeff@ukra.com> wrote:
    Did the Solicitor General press ahead with this case against the >>>>>>> advice of their legal advisors or is the quality of legal advice in >>>>>>> Downing Street so poor that the course of action taken by the SG was >>>>>>> suggested by those advisors and then accepted by the SG?

    The Solicitor General (an excellent example of nominative determinism, >>>>>> going by the name of Robert Courts) is a barrister of twenty years' >>>>>> standing, so one would hope that he would have been able to determine >>>>>> by himself that he was advancing a case that was "not even arguable". >>>>>> Presumably he was given orders from above that he should proceed
    regardless.

    Was there not a time (before Blair) when Government law officers were >>>>> supposed to have some professional independence, rather then being
    craven puppets?

    Surely inciting someone to break their oath as a juror to
    "give a true verdict according to the evidence" must have some credence. >>>
    Part of the reason for the case being dismissed is that she did no such
    thing. She held a sign that informed them of a legal right they have.
    She didn't tell them they should use it.

    Well since they took an oath to give a true verdict according to the
    evidence I don't see how they have such a right.

    Well I guess you're gonna just have to take my word (and the word of the judge in this case) for it that they do.


    So the oath is not worth the bit of cardboard that it is written on!!!

    Jeff

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  • From Jon Ribbens@21:1/5 to Jeff on Thu Apr 25 10:17:37 2024
    On 2024-04-25, Jeff <jeff@ukra.com> wrote:
    On 24/04/2024 10:47, Jon Ribbens wrote:
    On 2024-04-24, Jeff <jeff@ukra.com> wrote:
    On 23/04/2024 12:10, Jon Ribbens wrote:
    On 2024-04-23, Jeff <jeff@ukra.com> wrote:
    Did the Solicitor General press ahead with this case against the >>>>>>>> advice of their legal advisors or is the quality of legal advice in >>>>>>>> Downing Street so poor that the course of action taken by the SG was >>>>>>>> suggested by those advisors and then accepted by the SG?

    The Solicitor General (an excellent example of nominative determinism, >>>>>>> going by the name of Robert Courts) is a barrister of twenty years' >>>>>>> standing, so one would hope that he would have been able to determine >>>>>>> by himself that he was advancing a case that was "not even arguable". >>>>>>> Presumably he was given orders from above that he should proceed >>>>>>> regardless.

    Was there not a time (before Blair) when Government law officers were >>>>>> supposed to have some professional independence, rather then being >>>>>> craven puppets?

    Surely inciting someone to break their oath as a juror to
    "give a true verdict according to the evidence" must have some credence. >>>>
    Part of the reason for the case being dismissed is that she did no such >>>> thing. She held a sign that informed them of a legal right they have.
    She didn't tell them they should use it.

    Well since they took an oath to give a true verdict according to the
    evidence I don't see how they have such a right.

    Well I guess you're gonna just have to take my word (and the word of the
    judge in this case) for it that they do.

    So the oath is not worth the bit of cardboard that it is written on!!!

    Not if you're worried that the juror secretly used wrongthink in the
    privacy of their own head in order to come up with their verdict, no.
    If you're worried about something external that's in principle provable,
    such as the juror taking bribes from the defendant, then it is.

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  • From Jeff@21:1/5 to All on Fri Apr 26 10:15:33 2024
    Well since they took an oath to give a true verdict according to the
    evidence I don't see how they have such a right.

    Well I guess you're gonna just have to take my word (and the word of the >>> judge in this case) for it that they do.

    So the oath is not worth the bit of cardboard that it is written on!!!

    Not if you're worried that the juror secretly used wrongthink in the
    privacy of their own head in order to come up with their verdict, no.
    If you're worried about something external that's in principle provable,
    such as the juror taking bribes from the defendant, then it is.


    Well someone trying to influence a juror into @wrongtrhink@ seems pretty
    close to me.

    Jeff

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  • From Tim Jackson@21:1/5 to All on Fri Apr 26 10:59:18 2024
    On Fri, 26 Apr 2024 10:15:33 +0100, Jeff wrote...

    Well since they took an oath to give a true verdict according to the >>>> evidence I don't see how they have such a right.

    Well I guess you're gonna just have to take my word (and the word of the >>> judge in this case) for it that they do.

    So the oath is not worth the bit of cardboard that it is written on!!!

    Not if you're worried that the juror secretly used wrongthink in the privacy of their own head in order to come up with their verdict, no.
    If you're worried about something external that's in principle provable, such as the juror taking bribes from the defendant, then it is.


    Well someone trying to influence a juror into @wrongtrhink@ seems pretty close to me.

    Read the judgment. There's a fine line between what's permissible and
    what isn't. This woman clearly knew exactly where that line was and
    stayed just the right side of it.

    The two points being:

    (a) This not being 1984, it wasn't wrongthink. Her placard was correct
    as to what a jury is entitled to do.

    (b) She didn't actually take the further step of saying that they should
    do it.

    --
    Tim Jackson
    news@timjackson.invalid
    (Change '.invalid' to '.plus.com' to reply direct)

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  • From Roger Hayter@21:1/5 to Jeff on Fri Apr 26 10:16:27 2024
    On 26 Apr 2024 at 10:15:33 BST, "Jeff" <jeff@ukra.com> wrote:


    Well since they took an oath to give a true verdict according to the >>>>> evidence I don't see how they have such a right.

    Well I guess you're gonna just have to take my word (and the word of the >>>> judge in this case) for it that they do.

    So the oath is not worth the bit of cardboard that it is written on!!!

    Not if you're worried that the juror secretly used wrongthink in the
    privacy of their own head in order to come up with their verdict, no.
    If you're worried about something external that's in principle provable,
    such as the juror taking bribes from the defendant, then it is.


    Well someone trying to influence a juror into @wrongtrhink@ seems pretty close to me.

    Jeff

    Had the placard recommended the jury to acquit then the outcome of the prosecution decision might have been different. A strong point in her favour mentioned in the judgement was that she advertised the right of the jury to make any decision they thought appropriate, without recommending a particular decision.

    --
    Roger Hayter

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  • From Jeff@21:1/5 to Roger Hayter on Sat Apr 27 09:02:57 2024
    On 26/04/2024 11:16, Roger Hayter wrote:
    On 26 Apr 2024 at 10:15:33 BST, "Jeff" <jeff@ukra.com> wrote:


    Well since they took an oath to give a true verdict according to the >>>>>> evidence I don't see how they have such a right.

    Well I guess you're gonna just have to take my word (and the word of the >>>>> judge in this case) for it that they do.

    So the oath is not worth the bit of cardboard that it is written on!!!

    Not if you're worried that the juror secretly used wrongthink in the
    privacy of their own head in order to come up with their verdict, no.
    If you're worried about something external that's in principle provable, >>> such as the juror taking bribes from the defendant, then it is.


    Well someone trying to influence a juror into @wrongtrhink@ seems pretty
    close to me.

    Jeff

    Had the placard recommended the jury to acquit then the outcome of the prosecution decision might have been different. A strong point in her favour mentioned in the judgement was that she advertised the right of the jury to make any decision they thought appropriate, without recommending a particular decision.


    But as far as I can see the jury don't have the right to decide
    according to their conscience, they took an oath to base their findings
    on the evidence.

    Jeff

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    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jeff@21:1/5 to All on Sat Apr 27 09:00:54 2024
    Read the judgment. There's a fine line between what's permissible and
    what isn't. This woman clearly knew exactly where that line was and
    stayed just the right side of it.

    The two points being:

    (a) This not being 1984, it wasn't wrongthink. Her placard was correct
    as to what a jury is entitled to do.

    (b) She didn't actually take the further step of saying that they should
    do it.


    Well from my point of view the jury are not entitled to do it as they
    took an oath not to!!

    And why does there need to be further action? She made an attempt to
    coerce the jury into breaking their oaths, end of story.

    Jeff

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  • From Jon Ribbens@21:1/5 to Jeff on Sat Apr 27 11:07:01 2024
    On 2024-04-27, Jeff <jeff@ukra.com> wrote:
    Read the judgment. There's a fine line between what's permissible and
    what isn't. This woman clearly knew exactly where that line was and
    stayed just the right side of it.

    The two points being:

    (a) This not being 1984, it wasn't wrongthink. Her placard was correct
    as to what a jury is entitled to do.

    (b) She didn't actually take the further step of saying that they should
    do it.

    Well from my point of view the jury are not entitled to do it as they
    took an oath not to!!

    It turns out that they are entitled to do it regardless of your point
    of view, and indeed don't even need to ask your opinion.

    And why does there need to be further action? She made an attempt to
    coerce the jury into breaking their oaths, end of story.

    Oh, "end of story", well that's that then! I apologise for doubting you,
    and I expect the judge will be sending you their similar apologies by
    first post on Monday. The only question remaining to be answered is
    which prison the lady in question should be sent to.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Spike@21:1/5 to Jeff on Sat Apr 27 10:41:59 2024
    Jeff <jeff@ukra.com> wrote:
    On 26/04/2024 11:16, Roger Hayter wrote:
    On 26 Apr 2024 at 10:15:33 BST, "Jeff" <jeff@ukra.com> wrote:


    Well since they took an oath to give a true verdict according to the >>>>>>> evidence I don't see how they have such a right.

    Well I guess you're gonna just have to take my word (and the word of the >>>>>> judge in this case) for it that they do.

    So the oath is not worth the bit of cardboard that it is written on!!! >>>>
    Not if you're worried that the juror secretly used wrongthink in the
    privacy of their own head in order to come up with their verdict, no.
    If you're worried about something external that's in principle provable, >>>> such as the juror taking bribes from the defendant, then it is.


    Well someone trying to influence a juror into @wrongtrhink@ seems pretty >>> close to me.

    Jeff

    Had the placard recommended the jury to acquit then the outcome of the
    prosecution decision might have been different. A strong point in her favour >> mentioned in the judgement was that she advertised the right of the jury to >> make any decision they thought appropriate, without recommending a particular
    decision.


    But as far as I can see the jury don't have the right to decide
    according to their conscience, they took an oath to base their findings
    on the evidence.

    I can think of a recent case in which it appears that the jury might not
    have been well directed, and so finding the accused guilty. Perhaps that
    would have provided an example where the jury’s conscience might have
    proved to be a better indicator of the totality of the case than the
    directions they were given. We shall see when the next stage of the current process unfolds.

    --
    Spike

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    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Norman Wells@21:1/5 to Jeff on Sat Apr 27 12:37:30 2024
    On 27/04/2024 09:02, Jeff wrote:
    On 26/04/2024 11:16, Roger Hayter wrote:
    On 26 Apr 2024 at 10:15:33 BST, "Jeff" <jeff@ukra.com> wrote:


    Well since they took an oath to give a true verdict according to the >>>>>>> evidence I don't see how they have such a right.

    Well I guess you're gonna just have to take my word (and the word
    of the
    judge in this case) for it that they do.

    So the oath is not worth the bit of cardboard that it is written on!!! >>>>
    Not if you're worried that the juror secretly used wrongthink in the
    privacy of their own head in order to come up with their verdict, no.
    If you're worried about something external that's in principle
    provable,
    such as the juror taking bribes from the defendant, then it is.


    Well someone trying to influence a juror into @wrongtrhink@ seems pretty >>> close to me.

    Jeff

    Had the placard recommended the jury to acquit then the outcome of the
    prosecution decision might have been different. A strong point in her
    favour
    mentioned in the judgement was that she advertised the right of the
    jury to
    make any decision they thought appropriate, without recommending a
    particular
    decision.


    But as far as I can see the jury don't have the right to decide
    according to their conscience, they took an oath to base their findings
    on the evidence.

    How do you suggest that can be enforced?

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    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to Jeff on Sat Apr 27 13:08:14 2024
    On Sat, 27 Apr 2024 09:02:57 +0100, Jeff wrote:

    On 26/04/2024 11:16, Roger Hayter wrote:
    On 26 Apr 2024 at 10:15:33 BST, "Jeff" <jeff@ukra.com> wrote:


    Well since they took an oath to give a true verdict according to >>>>>>> the evidence I don't see how they have such a right.

    Well I guess you're gonna just have to take my word (and the word
    of the judge in this case) for it that they do.

    So the oath is not worth the bit of cardboard that it is written
    on!!!

    Not if you're worried that the juror secretly used wrongthink in the
    privacy of their own head in order to come up with their verdict, no.
    If you're worried about something external that's in principle
    provable,
    such as the juror taking bribes from the defendant, then it is.


    Well someone trying to influence a juror into @wrongtrhink@ seems
    pretty close to me.

    Jeff

    Had the placard recommended the jury to acquit then the outcome of the
    prosecution decision might have been different. A strong point in her
    favour mentioned in the judgement was that she advertised the right of
    the jury to make any decision they thought appropriate, without
    recommending a particular decision.


    But as far as I can see the jury don't have the right to decide
    according to their conscience, they took an oath to base their findings
    on the evidence.

    How does one evidence "mens rea" ?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Tim Jackson@21:1/5 to All on Sat Apr 27 22:47:01 2024
    On Sat, 27 Apr 2024 09:00:54 +0100, Jeff wrote...

    Read the judgment. There's a fine line between what's permissible and
    what isn't. This woman clearly knew exactly where that line was and
    stayed just the right side of it.

    The two points being:

    (a) This not being 1984, it wasn't wrongthink. Her placard was correct
    as to what a jury is entitled to do.

    (b) She didn't actually take the further step of saying that they should
    do it.


    Well from my point of view the jury are not entitled to do it as they
    took an oath not to!!

    Read the judgment, which explains why they are so entitled, despite the
    oath.

    And why does there need to be further action? She made an attempt to
    coerce the jury into breaking their oaths, end of story.

    Read the judgment. As I've already said, she carefully didn't take the
    further step of coercing the jury.

    --
    Tim Jackson
    news@timjackson.invalid
    (Change '.invalid' to '.plus.com' to reply direct)

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to Tim Jackson on Sat Apr 27 22:05:41 2024
    On 27 Apr 2024 at 22:47:01 BST, "Tim Jackson" <news@timjackson.invalid> wrote:

    On Sat, 27 Apr 2024 09:00:54 +0100, Jeff wrote...

    Read the judgment. There's a fine line between what's permissible and
    what isn't. This woman clearly knew exactly where that line was and
    stayed just the right side of it.

    The two points being:

    (a) This not being 1984, it wasn't wrongthink. Her placard was correct
    as to what a jury is entitled to do.

    (b) She didn't actually take the further step of saying that they should >>> do it.


    Well from my point of view the jury are not entitled to do it as they
    took an oath not to!!

    Read the judgment, which explains why they are so entitled, despite the
    oath.

    And why does there need to be further action? She made an attempt to
    coerce the jury into breaking their oaths, end of story.

    Read the judgment. As I've already said, she carefully didn't take the further step of coercing the jury.

    Does anyone know whether juries have the right to find someone guilty even though they believe on the evidence he should be found not guilty? The only
    way it could come to light is if a juror told the judge this is what was intended by his fellow jurors *before* the verdict was given, I suppose. And I wonder if they would be right to do so?


    --

    Roger Hayter

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  • From Pancho@21:1/5 to Roger Hayter on Sun Apr 28 00:05:07 2024
    On 27/04/2024 23:05, Roger Hayter wrote:

    Does anyone know whether juries have the right to find someone guilty even though they believe on the evidence he should be found not guilty? The only way it could come to light is if a juror told the judge this is what was intended by his fellow jurors *before* the verdict was given, I suppose. And I
    wonder if they would be right to do so?



    Yes, obviously, de facto, they have that right. In fact, one supposes
    many jurors do subordinate their own beliefs of innocence in order to
    achieve a unanimous or majority guilty verdict. I suspect many jurors do
    say to fellow jurors, "I think the defendant is innocent but will agree
    with the majority guilty verdict". What would you expect a judge to do
    with that information?

    On the other-hand, if there was obviously insufficient evidence one
    would hope the judge would dismiss the case before it got to the jury.

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  • From Sam Plusnet@21:1/5 to Tim Jackson on Sun Apr 28 01:13:44 2024
    On 27-Apr-24 22:47, Tim Jackson wrote:
    On Sat, 27 Apr 2024 09:00:54 +0100, Jeff wrote...

    Read the judgment. There's a fine line between what's permissible and
    what isn't. This woman clearly knew exactly where that line was and
    stayed just the right side of it.

    The two points being:

    (a) This not being 1984, it wasn't wrongthink. Her placard was correct
    as to what a jury is entitled to do.

    (b) She didn't actually take the further step of saying that they should >>> do it.


    Well from my point of view the jury are not entitled to do it as they
    took an oath not to!!

    Read the judgment, which explains why they are so entitled, despite the
    oath.

    And why does there need to be further action? She made an attempt to
    coerce the jury into breaking their oaths, end of story.

    Read the judgment. As I've already said, she carefully didn't take the further step of coercing the jury.

    Your description of how the law actually works has foundered on the
    shoals of:
    "But that's not how I think it ought to work!"

    --
    Sam Plusnet

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  • From Fredxx@21:1/5 to Roger Hayter on Sun Apr 28 01:03:10 2024
    On 27/04/2024 23:05, Roger Hayter wrote:
    On 27 Apr 2024 at 22:47:01 BST, "Tim Jackson" <news@timjackson.invalid> wrote:

    On Sat, 27 Apr 2024 09:00:54 +0100, Jeff wrote...

    Read the judgment. There's a fine line between what's permissible and >>>> what isn't. This woman clearly knew exactly where that line was and
    stayed just the right side of it.

    The two points being:

    (a) This not being 1984, it wasn't wrongthink. Her placard was correct >>>> as to what a jury is entitled to do.

    (b) She didn't actually take the further step of saying that they should >>>> do it.


    Well from my point of view the jury are not entitled to do it as they
    took an oath not to!!

    Read the judgment, which explains why they are so entitled, despite the
    oath.

    And why does there need to be further action? She made an attempt to
    coerce the jury into breaking their oaths, end of story.

    Read the judgment. As I've already said, she carefully didn't take the
    further step of coercing the jury.

    Does anyone know whether juries have the right to find someone guilty even though they believe on the evidence he should be found not guilty? The only way it could come to light is if a juror told the judge this is what was intended by his fellow jurors *before* the verdict was given, I suppose. And I
    wonder if they would be right to do so?

    A member of the family, since deceased, told me of a jury he was on. The defendant was being prosecuted for driving while disqualified, and there
    was an issue over identity since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was
    disqualified his car went to the scrappie and he saw it being lifted
    into the air with chains through the doors.

    The prosecution was appalling and the subject of the damage with chains
    through doors wasn't brought up.

    The family member had experience of this kind of lift and told the jury
    of the consequences, that the doors wouldn't open again and the doors
    and roof would be distorted. The jury found the defendant guilty!

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Norman Wells@21:1/5 to Roger Hayter on Sun Apr 28 07:49:53 2024
    On 27/04/2024 23:05, Roger Hayter wrote:

    Does anyone know whether juries have the right to find someone guilty even though they believe on the evidence he should be found not guilty? The only way it could come to light is if a juror told the judge this is what was intended by his fellow jurors *before* the verdict was given, I suppose. And I
    wonder if they would be right to do so?

    Juries are their own little Parliaments. They can come to whatever
    verdicts they like and there is no-one who can examine the processes by
    which they do, or what they 'believe'. Jury room discussions are
    private and sacrosanct. Not even jurors are allowed to discuss them
    after the event.

    There is plenty of evidence of perverse verdicts. The Peter Melchett
    case on destruction of GM crops was one. The Colston statue was
    another. Both were clear cases of criminal damage on the evidence where
    the perpetrators were found not guilty.

    That's the other way round from what you describe of course. Those are
    are described generally as 'perverse' verdicts which are appealable
    though few actually are. Verdicts the way you describe are
    'miscarriages of justice', such as the Birmingham 6, Andrew Malkinson,
    Barry George, Stefan Kiszko and (shortly) Auriol Grey.

    There are plenty more.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to Fredxx on Sun Apr 28 09:11:21 2024
    "Fredxx" <fredxx@spam.invalid> wrote in message news:v0k3nv$l97s$1@dont-email.me...

    A member of the family, since deceased, told me of a jury he was on. The defendant was
    being prosecuted for driving while disqualified, and there was an issue over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified his car went
    to the scrappie and he saw it being lifted into the air with chains through the doors.

    The prosecution was appalling and the subject of the damage with chains through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two questions

    a) Why was it necessary, for the prosecution to succeed in establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why was the identity of the car relevant ?

    Unless his defence was based on the proposition that for some reason he could only ever drive his own car

    b) Whilst if he "scarpered from the scene, surely the identity of the resulting driverless car could be readily identified in any case ? So why was it necessary
    for him to seek to establish that it wasn't his car, as that had been scrapped ?


    bb

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to Norman Wells on Sun Apr 28 09:38:30 2024
    "Norman Wells" <hex@unseen.ac.am> wrote in message news:l969sjF1l45U1@mid.individual.net...
    On 27/04/2024 23:05, Roger Hayter wrote:

    Does anyone know whether juries have the right to find someone guilty even >> though they believe on the evidence he should be found not guilty? The only >> way it could come to light is if a juror told the judge this is what was
    intended by his fellow jurors *before* the verdict was given, I suppose. And I
    wonder if they would be right to do so?

    Juries are their own little Parliaments. They can come to whatever verdicts they like
    and there is no-one who can examine the processes by which they do, or what they
    'believe'. Jury room discussions are private and sacrosanct. Not even jurors are
    allowed to discuss them after the event.

    There is plenty of evidence of perverse verdicts. The Peter Melchett case on destruction of GM crops was one. The Colston statue was another. Both were clear
    cases of criminal damage on the evidence where the perpetrators were found not guilty.

    That's the other way round from what you describe of course. Those are are described
    generally as 'perverse' verdicts which are appealable though few actually are.
    Verdicts the way you describe are 'miscarriages of justice', such as the Birmingham 6,
    Andrew Malkinson, Barry George, Stefan Kiszko and (shortly) Auriol Grey.

    There are plenty more.


    I believe it possible to argue that if a verdict isn't returned within a reasonably
    short time say 1 to 3 hours, maybe shorter, then the verdict will increasingly depend on the personalities of the individual jurors, their assertiveness and persuasiveness, rather than on the merits of any of the arguments they happen to be proposing.

    Although I personally don't set much store by the results of the
    Ash conformity experiments

    https://en.wikipedia.org/wiki/Asch_conformity_experiments

    Where 30% of subjects picked the wrong length line, to fall into step with the 7 other actor/participants who'd done so on purpose

    As not only were they conducted using male American college students exclusively* - as were many/most of the groundbreaking psychological experiments* of the time, but AFAIAA they never really addressed the
    question

    "who would want sit in a room and seek to disagree with seven quite
    obviously deranged people ?"


    bb

    * This problem has only recently been recognised. To address it a
    University in Switzerland repeated the Asch experiment - but using
    students again !

    Which again achieved the 30% figures but presumably only among students
    who'd never heard of the original experiment.

    https://www.psypost.org/skeptical-scientists-revisit-solomon-aschs-classic-conformity-experiments-and-are-stunned-by-the-results/#google_vignette

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Fredxx@21:1/5 to billy bookcase on Sun Apr 28 19:20:29 2024
    On 28/04/2024 09:11, billy bookcase wrote:
    "Fredxx" <fredxx@spam.invalid> wrote in message news:v0k3nv$l97s$1@dont-email.me...

    A member of the family, since deceased, told me of a jury he was on. The defendant was
    being prosecuted for driving while disqualified, and there was an issue over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified his car went
    to the scrappie and he saw it being lifted into the air with chains through the doors.

    The prosecution was appalling and the subject of the damage with chains through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two questions

    a) Why was it necessary, for the prosecution to succeed in establishing that it was his own car he was driving, whilst disqualified ? i.e Why was the identity of the car relevant ?

    Unless his defence was based on the proposition that for some reason he could only ever drive his own car

    As I said it was based over identity. The owner of the car was the
    defendant and there was an issue over his identity after he claimed this
    car was scrapped without any corroborating paperwork.

    The prosecution didn't counter his claim the car was scrapped with any
    evidence either. However knowledge of how the car was claimed to be
    scrapped didn't fit the fact it was driven after this event.

    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it necessary
    for him to seek to establish that it wasn't his car, as that had been scrapped ?

    There was a witness who gave details of the driver. I presume sufficient details for the prosecution to take place. The fact he was a marked man
    with numerous offences read out after the conviction likely helped the
    police pin this on him.

    What I find interesting, and this goes for the likes of Ian Huntly and
    others who lose all credibility through a compulsion to tell lies, is
    that if you come over as a liar, you're stuffed.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to billy bookcase on Sun Apr 28 23:18:08 2024
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The defendant was
    being prosecuted for driving while disqualified, and there was an issue over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified his car went
    to the scrappie and he saw it being lifted into the air with chains through the doors.

    The prosecution was appalling and the subject of the damage with chains through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two questions

    a) Why was it necessary, for the prosecution to succeed in establishing that it was his own car he was driving, whilst disqualified ? i.e Why was the identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact with
    the car seen being driven, the identification of that car as belonging
    to him was the crucial prosecution evidential link.

    Unless his defence was based on the proposition that for some reason he could only ever drive his own car

    Not necessary.

    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it necessary
    for him to seek to establish that it wasn't his car, as that had been scrapped ?

    If he could show that the car witnessed in use was not his car and never
    had been his car (whether or not with cloned plates), the prosecution's
    main case component was invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a receipt
    from the scrap yard, or even an employee of the business to give the
    relevant evidence.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to Fredxx on Mon Apr 29 08:25:40 2024
    "Fredxx" <fredxx@spam.invalid> wrote in message news:v0m41d$16fvh$2@dont-email.me...
    On 28/04/2024 09:11, billy bookcase wrote:
    "Fredxx" <fredxx@spam.invalid> wrote in message news:v0k3nv$l97s$1@dont-email.me...

    A member of the family, since deceased, told me of a jury he was on. The defendant
    was
    being prosecuted for driving while disqualified, and there was an issue over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.

    The prosecution was appalling and the subject of the damage with chains through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two questions

    a) Why was it necessary, for the prosecution to succeed in establishing that >> it was his own car he was driving, whilst disqualified ? i.e Why was the
    identity of the car relevant ?

    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    As I said it was based over identity. The owner of the car was the defendant

    Which car are we talking about ?


    and there was an issue over his identity after he claimed this car was scrapped without
    any corroborating paperwork.

    The prosecution didn't counter his claim the car was scrapped with any evidence either.

    (a)
    However knowledge of how the car was claimed to be scrapped didn't fit the fact it was
    driven after this event.

    So that car he claimed had been scrapped, lets call it reg no XYZ 789
    was the car he scarpered from ?

    You do see the problem here, I take it ?

    So how can he claim it had been scrapped ?


    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it necessary
    for him to seek to establish that it wasn't his car, as that had been scrapped ?

    There was a witness who gave details of the driver.

    But regardless of that, the identity of the car he scarpered from will have been known.

    So that the witness said the driver scarpered from car lets say reg no ABC 123.

    While the defendant was claiming, that his own car XYZ 789 had been scrapped.

    But why couldn't the defendant have scarpered from ABC 123 ?

    I presume sufficient details for the prosecution to take place. The fact he was a
    marked man with numerous offences read out after the conviction likely helped the
    police pin this on him.

    What I find interesting, and this goes for the likes of Ian Huntly and others who lose
    all credibility through a compulsion to tell lies, is that if you come over as a liar,
    you're stuffed.

    But if as you claim above (a), the car was driven after he claimed it had been scrapped, then he definitely was lying, wasn't he ?


    bb









    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to JNugent on Mon Apr 29 13:48:28 2024
    "JNugent" <JNugent73@mail.com> wrote in message news:l98090F9jbkU1@mid.individual.net...
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The defendant
    was
    being prosecuted for driving while disqualified, and there was an issue over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.

    The prosecution was appalling and the subject of the damage with chains through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two questions

    a) Why was it necessary, for the prosecution to succeed in establishing that >> it was his own car he was driving, whilst disqualified ? i.e Why was the
    identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact with the car seen
    being driven, the identification of that car as belonging to him was the crucial
    prosecution evidential link.

    But if it wasn't his car, identifiable by the registration number if nothing else, how
    come he was being prosecuted at all ?

    Or if it was his car, why did he lie and claim it had been crushed ?



    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    Not necessary.

    So why was he so insistant that his car had been crushed ?


    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it necessary
    for him to seek to establish that it wasn't his car, as that had been scrapped ?

    If he could show that the car witnessed in use was not his car and never had been his
    car (whether or not with cloned plates), the prosecution's main case component was
    invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a receipt from the scrap
    yard, or even an employee of the business to give the relevant evidence.

    Eh ?

    The registration number of the car he claims was crushed is on record at
    the DVLA. i.e Is known

    The registration number of the car he supposedly abandoned is known.

    If they're not the same, as they presumably aren't then what would
    producing a receipt from the scrapyard achieve ?

    bb

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to billy bookcase on Mon Apr 29 13:46:52 2024
    On 29 Apr 2024 at 13:48:28 BST, ""billy bookcase"" <billy@anon.com> wrote:


    "JNugent" <JNugent73@mail.com> wrote in message news:l98090F9jbkU1@mid.individual.net...
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The >>>> defendant
    was
    being prosecuted for driving while disqualified, and there was an issue >>>> over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified >>>> his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.

    The prosecution was appalling and the subject of the damage with chains >>>> through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof >>>> would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two
    questions

    a) Why was it necessary, for the prosecution to succeed in establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why was the >>> identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact with the >> car seen
    being driven, the identification of that car as belonging to him was the
    crucial
    prosecution evidential link.

    But if it wasn't his car, identifiable by the registration number if nothing else, how
    come he was being prosecuted at all ?

    Or if it was his car, why did he lie and claim it had been crushed ?



    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    Not necessary.

    So why was he so insistant that his car had been crushed ?


    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it
    necessary
    for him to seek to establish that it wasn't his car, as that had been
    scrapped ?

    If he could show that the car witnessed in use was not his car and never had >> been his
    car (whether or not with cloned plates), the prosecution's main case
    component was
    invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a receipt from >> the scrap
    yard, or even an employee of the business to give the relevant evidence.

    Eh ?

    The registration number of the car he claims was crushed is on record at
    the DVLA. i.e Is known

    The registration number of the car he supposedly abandoned is known.

    If they're not the same, as they presumably aren't then what would
    producing a receipt from the scrapyard achieve ?

    bb

    The story is presumably that his car was rescued from the scrapyard by someone nefarious, and that is the person who was seen running away from what is indisputably the car he used own.

    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to billy bookcase on Mon Apr 29 16:38:10 2024
    On 29/04/2024 01:48 pm, billy bookcase wrote:
    "JNugent" <JNugent73@mail.com> wrote in message news:l98090F9jbkU1@mid.individual.net...
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The defendant
    was
    being prosecuted for driving while disqualified, and there was an issue over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.

    The prosecution was appalling and the subject of the damage with chains through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two questions

    a) Why was it necessary, for the prosecution to succeed in establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why was the >>> identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact with the car seen
    being driven, the identification of that car as belonging to him was the crucial
    prosecution evidential link.

    But if it wasn't his car, identifiable by the registration number if nothing else, how
    come he was being prosecuted at all ?

    I don't think that has been explained in the OP or the thread.

    Or if it was his car, why did he lie and claim it had been crushed ?

    Did he?

    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    Not necessary.

    So why was he so insistant that his car had been crushed ?

    One possibility - I throw it out for discussion - perhaps that was the
    truth?

    Cars DO get crushed.

    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it necessary
    for him to seek to establish that it wasn't his car, as that had been scrapped ?

    If he could show that the car witnessed in use was not his car and never had been his
    car (whether or not with cloned plates), the prosecution's main case component was
    invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a receipt from the scrap
    yard, or even an employee of the business to give the relevant evidence.

    Eh ?

    The registration number of the car he claims was crushed is on record at
    the DVLA. i.e Is known

    The registration number of the car he supposedly abandoned is known.

    The registration number does not definitively identify a motor vehicle.
    The plates can be cloned. The VIN would be a better source of proof.

    If they're not the same, as they presumably aren't then what would
    producing a receipt from the scrapyard achieve ?

    It would lend verisimilitude to the defence that the vehicle had been
    scrapped / crushed / broken for parts.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Roger Hayter on Mon Apr 29 16:38:51 2024
    On 29/04/2024 02:46 pm, Roger Hayter wrote:
    On 29 Apr 2024 at 13:48:28 BST, ""billy bookcase"" <billy@anon.com> wrote:


    "JNugent" <JNugent73@mail.com> wrote in message
    news:l98090F9jbkU1@mid.individual.net...
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The >>>>> defendant
    was
    being prosecuted for driving while disqualified, and there was an issue >>>>> over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified >>>>> his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.

    The prosecution was appalling and the subject of the damage with chains >>>>> through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof >>>>> would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two >>>> questions

    a) Why was it necessary, for the prosecution to succeed in establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why was the >>>> identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact with the >>> car seen
    being driven, the identification of that car as belonging to him was the >>> crucial
    prosecution evidential link.

    But if it wasn't his car, identifiable by the registration number if nothing >> else, how
    come he was being prosecuted at all ?

    Or if it was his car, why did he lie and claim it had been crushed ?



    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    Not necessary.

    So why was he so insistant that his car had been crushed ?


    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it >>>> necessary
    for him to seek to establish that it wasn't his car, as that had been
    scrapped ?

    If he could show that the car witnessed in use was not his car and never had
    been his
    car (whether or not with cloned plates), the prosecution's main case
    component was
    invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a receipt from
    the scrap
    yard, or even an employee of the business to give the relevant evidence.

    Eh ?

    The registration number of the car he claims was crushed is on record at
    the DVLA. i.e Is known

    The registration number of the car he supposedly abandoned is known.

    If they're not the same, as they presumably aren't then what would
    producing a receipt from the scrapyard achieve ?

    bb

    The story is presumably that his car was rescued from the scrapyard by someone
    nefarious, and that is the person who was seen running away from what is indisputably the car he used own.

    Doesn't have to be the car. Could have just been the number plates.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to Roger Hayter on Mon Apr 29 15:29:42 2024
    "Roger Hayter" <roger@hayter.org> wrote in message news:9841265851.5b08cdd6@uninhabited.net...
    On 29 Apr 2024 at 13:48:28 BST, ""billy bookcase"" <billy@anon.com> wrote:


    "JNugent" <JNugent73@mail.com> wrote in message
    news:l98090F9jbkU1@mid.individual.net...
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The >>>>> defendant
    was
    being prosecuted for driving while disqualified, and there was an issue >>>>> over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified >>>>> his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.

    The prosecution was appalling and the subject of the damage with chains >>>>> through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof >>>>> would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two >>>> questions

    a) Why was it necessary, for the prosecution to succeed in establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why was the >>>> identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact with the >>> car seen
    being driven, the identification of that car as belonging to him was the >>> crucial
    prosecution evidential link.

    But if it wasn't his car, identifiable by the registration number if nothing >> else, how
    come he was being prosecuted at all ?

    Or if it was his car, why did he lie and claim it had been crushed ?



    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    Not necessary.

    So why was he so insistant that his car had been crushed ?


    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it >>>> necessary
    for him to seek to establish that it wasn't his car, as that had been
    scrapped ?

    If he could show that the car witnessed in use was not his car and never had
    been his
    car (whether or not with cloned plates), the prosecution's main case
    component was
    invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a receipt from
    the scrap
    yard, or even an employee of the business to give the relevant evidence.

    Eh ?

    The registration number of the car he claims was crushed is on record at
    the DVLA. i.e Is known

    The registration number of the car he supposedly abandoned is known.

    If they're not the same, as they presumably aren't then what would
    producing a receipt from the scrapyard achieve ?

    bb

    The story is presumably that his car was rescued from the scrapyard by someone
    nefarious, and that is the person who was seen running away from what is indisputably the car he used own.

    So the car he claimed was crushed, wasn't crushed at all ?

    So what was all the stuff about chains through the doors about ? Which ISTR was the main thrust of his defence ?

    And surely if they produced photos of the car taken at the scene how can he still
    claim it was crushed ? If they'd put chains through the doors which completely buckled the roof ?


    bb

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to billy bookcase on Mon Apr 29 16:34:43 2024
    On 29/04/2024 08:25 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:
    On 28/04/2024 09:11, billy bookcase wrote:
    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The defendant
    was
    being prosecuted for driving while disqualified, and there was an issue over identity
    since he scarpered after being involved in an accident.
    The defendant was convicted over his claim that after he was disqualified his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.
    The prosecution was appalling and the subject of the damage with chains through doors
    wasn't brought up.
    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two questions
    a) Why was it necessary, for the prosecution to succeed in establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why was the >>> identity of the car relevant ?
    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    As I said it was based over identity. The owner of the car was the defendant

    Which car are we talking about ?

    and there was an issue over his identity after he claimed this car was scrapped without
    any corroborating paperwork.
    The prosecution didn't counter his claim the car was scrapped with any evidence either.

    (a)
    However knowledge of how the car was claimed to be scrapped didn't fit the fact it was
    driven after this event.

    So that car he claimed had been scrapped, lets call it reg no XYZ 789
    was the car he scarpered from ?

    You do see the problem here, I take it ?

    So how can he claim it had been scrapped ?

    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it necessary
    for him to seek to establish that it wasn't his car, as that had been scrapped ?

    There was a witness who gave details of the driver.

    What does that mean? Did that person identify the person allegedly driving?

    Did he make a statement? Did he give testimony?

    But regardless of that, the identity of the car he scarpered from will have been known.
    So that the witness said the driver scarpered from car lets say reg no ABC 123.
    While the defendant was claiming, that his own car XYZ 789 had been scrapped.
    But why couldn't the defendant have scarpered from ABC 123 ?

    No reason why not. But to say that is not to prove that it was him, is it?

    There is no reason why the person scarpering could not be one of a lot
    of other people, is there?

    He would have to be identified/ placed at the scene for it to be proof.

    I presume sufficient details for the prosecution to take place. The fact he was a
    marked man with numerous offences read out after the conviction likely helped the
    police pin this on him.

    What I find interesting, and this goes for the likes of Ian Huntly and others who lose
    all credibility through a compulsion to tell lies, is that if you come over as a liar,
    you're stuffed.

    But if as you claim above (a), the car was driven after he claimed it had been
    scrapped, then he definitely was lying, wasn't he ?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to JNugent on Mon Apr 29 17:51:48 2024
    "JNugent" <JNugent73@mail.com> wrote in message news:l99t72Fib24U1@mid.individual.net...
    On 29/04/2024 01:48 pm, billy bookcase wrote:
    "JNugent" <JNugent73@mail.com> wrote in message
    news:l98090F9jbkU1@mid.individual.net...
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The defendant
    was
    being prosecuted for driving while disqualified, and there was an issue over
    identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.

    The prosecution was appalling and the subject of the damage with chains through
    doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two questions

    a) Why was it necessary, for the prosecution to succeed in establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why was the >>>> identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact with the car seen
    being driven, the identification of that car as belonging to him was the crucial
    prosecution evidential link.

    But if it wasn't his car, identifiable by the registration number if nothing else, how
    come he was being prosecuted at all ?

    I don't think that has been explained in the OP or the thread.

    Or if it was his car, why did he lie and claim it had been crushed ?

    Did he?

    Yes.


    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    Not necessary.

    So why was he so insistant that his car had been crushed ?

    One possibility - I throw it out for discussion - perhaps that was the truth?

    Cars DO get crushed.

    Obviously

    Howver the question was "why was he so insistent", not the probability of his claim
    being true.


    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it necessary
    for him to seek to establish that it wasn't his car, as that had been scrapped ?

    If he could show that the car witnessed in use was not his car and never had been his
    car (whether or not with cloned plates), the prosecution's main case component was
    invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a receipt from the
    scrap
    yard, or even an employee of the business to give the relevant evidence.

    Eh ?

    The registration number of the car he claims was crushed is on record at
    the DVLA. i.e Is known

    The registration number of the car he supposedly abandoned is known.

    The registration number does not definitively identify a motor vehicle. The plates can
    be cloned. The VIN would be a better source of proof.

    Right. So he got hold of an identical model and cloned the plates of a car
    he'd had scrapped ?

    Given he'd been disqualified from driving and was presumably on record as
    the registerd keeper of the old car that would hardly be the smartest of moves dont you think ?



    If they're not the same, as they presumably aren't then what would
    producing a receipt from the scrapyard achieve ?

    It would lend verisimilitude to the defence that the vehicle had been scrapped /
    crushed / broken for parts.

    But is they're not the same car, then what difference would it make if his own car had been scrapped, or not ?


    bb




    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to JNugent on Mon Apr 29 16:54:32 2024
    On 29 Apr 2024 at 16:38:51 BST, "JNugent" <JNugent73@mail.com> wrote:

    On 29/04/2024 02:46 pm, Roger Hayter wrote:
    On 29 Apr 2024 at 13:48:28 BST, ""billy bookcase"" <billy@anon.com> wrote: >>

    "JNugent" <JNugent73@mail.com> wrote in message
    news:l98090F9jbkU1@mid.individual.net...
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The >>>>>> defendant
    was
    being prosecuted for driving while disqualified, and there was an issue >>>>>> over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified
    his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.

    The prosecution was appalling and the subject of the damage with chains >>>>>> through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof >>>>>> would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two >>>>> questions

    a) Why was it necessary, for the prosecution to succeed in establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why was the >>>>> identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact with the >>>> car seen
    being driven, the identification of that car as belonging to him was the >>>> crucial
    prosecution evidential link.

    But if it wasn't his car, identifiable by the registration number if nothing
    else, how
    come he was being prosecuted at all ?

    Or if it was his car, why did he lie and claim it had been crushed ?



    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    Not necessary.

    So why was he so insistant that his car had been crushed ?


    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it >>>>> necessary
    for him to seek to establish that it wasn't his car, as that had been >>>>> scrapped ?

    If he could show that the car witnessed in use was not his car and never had
    been his
    car (whether or not with cloned plates), the prosecution's main case
    component was
    invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a receipt from
    the scrap
    yard, or even an employee of the business to give the relevant evidence. >>>
    Eh ?

    The registration number of the car he claims was crushed is on record at >>> the DVLA. i.e Is known

    The registration number of the car he supposedly abandoned is known.

    If they're not the same, as they presumably aren't then what would
    producing a receipt from the scrapyard achieve ?

    bb

    The story is presumably that his car was rescued from the scrapyard by someone
    nefarious, and that is the person who was seen running away from what is
    indisputably the car he used own.

    Doesn't have to be the car. Could have just been the number plates.

    I am fairly sure the police would have taken the precaution of checking the
    VIN - the defendant is likely to know about cloned numberplates, especially if they could provide a defence.

    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Roger Hayter on Tue Apr 30 14:14:13 2024
    On 29/04/2024 05:54 pm, Roger Hayter wrote:
    On 29 Apr 2024 at 16:38:51 BST, "JNugent" <JNugent73@mail.com> wrote:

    On 29/04/2024 02:46 pm, Roger Hayter wrote:
    On 29 Apr 2024 at 13:48:28 BST, ""billy bookcase"" <billy@anon.com> wrote: >>>

    "JNugent" <JNugent73@mail.com> wrote in message
    news:l98090F9jbkU1@mid.individual.net...
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The
    defendant
    was
    being prosecuted for driving while disqualified, and there was an issue >>>>>>> over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified
    his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.

    The prosecution was appalling and the subject of the damage with chains >>>>>>> through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof >>>>>>> would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two >>>>>> questions

    a) Why was it necessary, for the prosecution to succeed in establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why was the >>>>>> identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact with the
    car seen
    being driven, the identification of that car as belonging to him was the >>>>> crucial
    prosecution evidential link.

    But if it wasn't his car, identifiable by the registration number if nothing
    else, how
    come he was being prosecuted at all ?

    Or if it was his car, why did he lie and claim it had been crushed ?



    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    Not necessary.

    So why was he so insistant that his car had been crushed ?


    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it >>>>>> necessary
    for him to seek to establish that it wasn't his car, as that had been >>>>>> scrapped ?

    If he could show that the car witnessed in use was not his car and never had
    been his
    car (whether or not with cloned plates), the prosecution's main case >>>>> component was
    invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a receipt from
    the scrap
    yard, or even an employee of the business to give the relevant evidence. >>>>
    Eh ?

    The registration number of the car he claims was crushed is on record at >>>> the DVLA. i.e Is known

    The registration number of the car he supposedly abandoned is known.

    If they're not the same, as they presumably aren't then what would
    producing a receipt from the scrapyard achieve ?

    bb

    The story is presumably that his car was rescued from the scrapyard by someone
    nefarious, and that is the person who was seen running away from what is >>> indisputably the car he used own.

    Doesn't have to be the car. Could have just been the number plates.

    I am fairly sure the police would have taken the precaution of checking the VIN - the defendant is likely to know about cloned numberplates, especially if
    they could provide a defence.

    As I said, there are things that were not explained in the OP or any
    comments.

    But even so, how does the VIN place the defendant at the scene?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to billy bookcase on Tue Apr 30 14:13:05 2024
    On 29/04/2024 05:51 pm, billy bookcase wrote:
    "JNugent" <JNugent73@mail.com> wrote in message news:l99t72Fib24U1@mid.individual.net...
    On 29/04/2024 01:48 pm, billy bookcase wrote:
    "JNugent" <JNugent73@mail.com> wrote in message
    news:l98090F9jbkU1@mid.individual.net...
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The defendant
    was
    being prosecuted for driving while disqualified, and there was an issue over
    identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.

    The prosecution was appalling and the subject of the damage with chains through
    doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two questions

    a) Why was it necessary, for the prosecution to succeed in establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why was the >>>>> identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact with the car seen
    being driven, the identification of that car as belonging to him was the crucial
    prosecution evidential link.

    But if it wasn't his car, identifiable by the registration number if nothing else, how
    come he was being prosecuted at all ?

    I don't think that has been explained in the OP or the thread.

    Or if it was his car, why did he lie and claim it had been crushed ?

    Did he?

    Yes.


    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    Not necessary.

    So why was he so insistant that his car had been crushed ?

    One possibility - I throw it out for discussion - perhaps that was the truth?

    Cars DO get crushed.

    Obviously

    Howver the question was "why was he so insistent", not the probability of his claim
    being true.


    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it necessary
    for him to seek to establish that it wasn't his car, as that had been scrapped ?

    If he could show that the car witnessed in use was not his car and never had been his
    car (whether or not with cloned plates), the prosecution's main case component was
    invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a receipt from the
    scrap
    yard, or even an employee of the business to give the relevant evidence. >>>
    Eh ?

    The registration number of the car he claims was crushed is on record at >>> the DVLA. i.e Is known

    The registration number of the car he supposedly abandoned is known.

    The registration number does not definitively identify a motor vehicle. The plates can
    be cloned. The VIN would be a better source of proof.

    Right. So he got hold of an identical model and cloned the plates of a car he'd had scrapped ?

    Not necessarily.

    Not unless he is the only person in the world (or some more localised
    part of it) with the ability to do that.

    Given he'd been disqualified from driving and was presumably on record as
    the registerd keeper of the old car that would hardly be the smartest of moves
    dont you think ?

    Quite.

    If they're not the same, as they presumably aren't then what would
    producing a receipt from the scrapyard achieve ?

    It would lend verisimilitude to the defence that the vehicle had been scrapped /
    crushed / broken for parts.

    But is they're not the same car, then what difference would it make if his own
    car had been scrapped, or not ?

    None. In particular, it would not place him at the scene. Would it?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Fredxx@21:1/5 to billy bookcase on Tue Apr 30 20:54:59 2024
    On 29/04/2024 15:29, billy bookcase wrote:
    "Roger Hayter" <roger@hayter.org> wrote in message news:9841265851.5b08cdd6@uninhabited.net...
    On 29 Apr 2024 at 13:48:28 BST, ""billy bookcase"" <billy@anon.com> wrote: >>

    "JNugent" <JNugent73@mail.com> wrote in message
    news:l98090F9jbkU1@mid.individual.net...
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The >>>>>> defendant
    was
    being prosecuted for driving while disqualified, and there was an issue >>>>>> over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified
    his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.

    The prosecution was appalling and the subject of the damage with chains >>>>>> through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof >>>>>> would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two >>>>> questions

    a) Why was it necessary, for the prosecution to succeed in establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why was the >>>>> identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact with the >>>> car seen
    being driven, the identification of that car as belonging to him was the >>>> crucial
    prosecution evidential link.

    But if it wasn't his car, identifiable by the registration number if nothing
    else, how
    come he was being prosecuted at all ?

    Or if it was his car, why did he lie and claim it had been crushed ?



    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    Not necessary.

    So why was he so insistant that his car had been crushed ?


    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it >>>>> necessary
    for him to seek to establish that it wasn't his car, as that had been >>>>> scrapped ?

    If he could show that the car witnessed in use was not his car and never had
    been his
    car (whether or not with cloned plates), the prosecution's main case
    component was
    invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a receipt from
    the scrap
    yard, or even an employee of the business to give the relevant evidence. >>>
    Eh ?

    The registration number of the car he claims was crushed is on record at >>> the DVLA. i.e Is known

    The registration number of the car he supposedly abandoned is known.

    If they're not the same, as they presumably aren't then what would
    producing a receipt from the scrapyard achieve ?

    bb

    The story is presumably that his car was rescued from the scrapyard by someone
    nefarious, and that is the person who was seen running away from what is
    indisputably the car he used own.

    So the car he claimed was crushed, wasn't crushed at all ?

    So what was all the stuff about chains through the doors about ? Which ISTR was
    the main thrust of his defence ?

    He claimed he scrapped it in such a way the jurors believed it would not
    be drivable after.

    And surely if they produced photos of the car taken at the scene how can he still
    claim it was crushed ? If they'd put chains through the doors which completely
    buckled the roof ?

    He didn't claim it was crushed. No one claimed it was crushed. He simply
    said it was craned and lifted with chains through the doors.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Fredxx@21:1/5 to JNugent on Tue Apr 30 20:58:41 2024
    On 30/04/2024 14:14, JNugent wrote:
    On 29/04/2024 05:54 pm, Roger Hayter wrote:
    On 29 Apr 2024 at 16:38:51 BST, "JNugent" <JNugent73@mail.com> wrote:

    On 29/04/2024 02:46 pm, Roger Hayter wrote:
    On 29 Apr 2024 at 13:48:28 BST, ""billy bookcase"" <billy@anon.com>
    wrote:


    "JNugent" <JNugent73@mail.com> wrote in message
    news:l98090F9jbkU1@mid.individual.net...
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was >>>>>>>> on. The
    defendant
    was
    being prosecuted for driving while disqualified, and there was >>>>>>>> an issue
    over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was
    disqualified
    his car
    went
    to the scrappie and he saw it being lifted into the air with
    chains through the
    doors.

    The prosecution was appalling and the subject of the damage with >>>>>>>> chains
    through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told >>>>>>>> the jury of the
    consequences, that the doors wouldn't open again and the doors >>>>>>>> and roof
    would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that
    raises two
    questions

    a) Why was it necessary, for the prosecution to succeed in
    establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why >>>>>>> was the
    identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact
    with the
    car seen
    being driven, the identification of that car as belonging to him
    was the
    crucial
    prosecution evidential link.

    But if it wasn't his car, identifiable by the registration number
    if nothing
    else, how
    come he was being prosecuted at all ?

    Or if it was his car, why did he lie and claim it had been crushed ? >>>>>


    Unless his defence was based on the proposition that for some
    reason he could
    only ever drive his own car

    Not necessary.

    So why was he so insistant that his car had been crushed ?


    b) Whilst if he "scarpered from the scene, surely the identity of >>>>>>> the resulting
    driverless car could be readily identified in any case ? So why
    was it
    necessary
    for him to seek to establish that it wasn't his car, as that had >>>>>>> been
    scrapped ?

    If he could show that the car witnessed in use was not his car and >>>>>> never had
    been his
    car (whether or not with cloned plates), the prosecution's main case >>>>>> component was
    invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a
    receipt from
    the scrap
    yard, or even an employee of the business to give the relevant
    evidence.

    Eh ?

    The registration number of the car he claims was crushed is on
    record at
    the DVLA. i.e Is known

    The registration number of the car he supposedly abandoned is known. >>>>>
    If they're not the same, as they presumably aren't then what would
    producing a receipt from the scrapyard achieve ?

    bb

    The story is presumably that his car was rescued from the scrapyard
    by someone
    nefarious, and that is the person who was seen running away from
    what is
    indisputably the car he used own.

    Doesn't have to be the car. Could have just been the number plates.

    I am fairly sure the police would have taken the precaution of
    checking the
    VIN - the defendant is likely to know about cloned numberplates,
    especially if
    they could provide a defence.

    As I said, there are things that were not explained in the OP or any comments.

    But even so, how does the VIN place the defendant at the scene?

    It doesn't, however given the lies given by the defendant the most
    plausible explanation was he was driving the car at the time.

    I don't recall all the story, it was decades ago.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From billy bookcase@21:1/5 to Fredxx on Wed May 1 08:41:02 2024
    "Fredxx" <fredxx@spam.invalid> wrote in message news:v0riaj$2lcuf$1@dont-email.me...
    On 29/04/2024 15:29, billy bookcase wrote:
    "Roger Hayter" <roger@hayter.org> wrote in message
    news:9841265851.5b08cdd6@uninhabited.net...
    On 29 Apr 2024 at 13:48:28 BST, ""billy bookcase"" <billy@anon.com> wrote: >>>

    "JNugent" <JNugent73@mail.com> wrote in message
    news:l98090F9jbkU1@mid.individual.net...
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The
    defendant
    was
    being prosecuted for driving while disqualified, and there was an issue >>>>>>> over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified
    his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.

    The prosecution was appalling and the subject of the damage with chains >>>>>>> through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof >>>>>>> would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two >>>>>> questions

    a) Why was it necessary, for the prosecution to succeed in establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why was the >>>>>> identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact with the
    car seen
    being driven, the identification of that car as belonging to him was the >>>>> crucial
    prosecution evidential link.

    But if it wasn't his car, identifiable by the registration number if nothing
    else, how
    come he was being prosecuted at all ?

    Or if it was his car, why did he lie and claim it had been crushed ?



    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    Not necessary.

    So why was he so insistant that his car had been crushed ?


    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it >>>>>> necessary
    for him to seek to establish that it wasn't his car, as that had been >>>>>> scrapped ?

    If he could show that the car witnessed in use was not his car and never had
    been his
    car (whether or not with cloned plates), the prosecution's main case >>>>> component was
    invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a receipt from
    the scrap
    yard, or even an employee of the business to give the relevant evidence. >>>>
    Eh ?

    The registration number of the car he claims was crushed is on record at >>>> the DVLA. i.e Is known

    The registration number of the car he supposedly abandoned is known.

    If they're not the same, as they presumably aren't then what would
    producing a receipt from the scrapyard achieve ?

    bb

    The story is presumably that his car was rescued from the scrapyard by someone
    nefarious, and that is the person who was seen running away from what is >>> indisputably the car he used own.

    So the car he claimed was crushed, wasn't crushed at all ?

    So what was all the stuff about chains through the doors about ? Which ISTR was
    the main thrust of his defence ?

    He claimed he scrapped it in such a way the jurors believed it would not be drivable after.

    ITYM he claimed he scrapped it in such a way *he hoped* the jurors believed it would not be drivable after.

    Given he was convcted obviously his hopes were in vain.


    And surely if they produced photos of the car taken at the scene how can he still
    claim it was crushed ? If they'd put chains through the doors which completely
    buckled the roof ?

    He didn't claim it was crushed. No one claimed it was crushed. He simply said it was
    craned and lifted with chains through the doors.

    Well yes. That was *that* car.

    But what about the car involved in the accident that he was supposed to have scarpered from ?

    Why would he want to try and make out that that was the car that had been scrapped ?
    When it will have been sitting by the roadside after
    the accident easily identifiable.


    bb








    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Fredxx@21:1/5 to billy bookcase on Wed May 1 10:33:56 2024
    On 01/05/2024 08:41, billy bookcase wrote:
    "Fredxx" <fredxx@spam.invalid> wrote in message news:v0riaj$2lcuf$1@dont-email.me...
    On 29/04/2024 15:29, billy bookcase wrote:
    "Roger Hayter" <roger@hayter.org> wrote in message
    news:9841265851.5b08cdd6@uninhabited.net...
    On 29 Apr 2024 at 13:48:28 BST, ""billy bookcase"" <billy@anon.com> wrote: >>>>

    "JNugent" <JNugent73@mail.com> wrote in message
    news:l98090F9jbkU1@mid.individual.net...
    On 28/04/2024 09:11 am, billy bookcase wrote:

    "Fredxx" <fredxx@spam.invalid> wrote:

    A member of the family, since deceased, told me of a jury he was on. The
    defendant
    was
    being prosecuted for driving while disqualified, and there was an issue
    over identity
    since he scarpered after being involved in an accident.

    The defendant was convicted over his claim that after he was disqualified
    his car
    went
    to the scrappie and he saw it being lifted into the air with chains through the
    doors.

    The prosecution was appalling and the subject of the damage with chains
    through doors
    wasn't brought up.

    The family member had experience of this kind of lift and told the jury of the
    consequences, that the doors wouldn't open again and the doors and roof
    would be
    distorted. The jury found the defendant guilty!

    Possibly I've totally misunderstood this, but otherwise that raises two >>>>>>> questions

    a) Why was it necessary, for the prosecution to succeed in establishing that
    it was his own car he was driving, whilst disqualified ? i.e Why was the
    identity of the car relevant ?

    Presumably, with his not having been apprehended in close contact with the
    car seen
    being driven, the identification of that car as belonging to him was the >>>>>> crucial
    prosecution evidential link.

    But if it wasn't his car, identifiable by the registration number if nothing
    else, how
    come he was being prosecuted at all ?

    Or if it was his car, why did he lie and claim it had been crushed ? >>>>>


    Unless his defence was based on the proposition that for some reason he could
    only ever drive his own car

    Not necessary.

    So why was he so insistant that his car had been crushed ?


    b) Whilst if he "scarpered from the scene, surely the identity of the resulting
    driverless car could be readily identified in any case ? So why was it >>>>>>> necessary
    for him to seek to establish that it wasn't his car, as that had been >>>>>>> scrapped ?

    If he could show that the car witnessed in use was not his car and never had
    been his
    car (whether or not with cloned plates), the prosecution's main case >>>>>> component was
    invalidated.

    If he wasn't guilty, though, I'd have expected him to produce a receipt from
    the scrap
    yard, or even an employee of the business to give the relevant evidence. >>>>>
    Eh ?

    The registration number of the car he claims was crushed is on record at >>>>> the DVLA. i.e Is known

    The registration number of the car he supposedly abandoned is known. >>>>>
    If they're not the same, as they presumably aren't then what would
    producing a receipt from the scrapyard achieve ?

    bb

    The story is presumably that his car was rescued from the scrapyard by someone
    nefarious, and that is the person who was seen running away from what is >>>> indisputably the car he used own.

    So the car he claimed was crushed, wasn't crushed at all ?

    So what was all the stuff about chains through the doors about ? Which ISTR was
    the main thrust of his defence ?

    He claimed he scrapped it in such a way the jurors believed it would not be >> drivable after.

    ITYM he claimed he scrapped it in such a way *he hoped* the jurors believed it
    would not be drivable after.

    Given he was convcted obviously his hopes were in vain.


    And surely if they produced photos of the car taken at the scene how can he still
    claim it was crushed ? If they'd put chains through the doors which completely
    buckled the roof ?

    He didn't claim it was crushed. No one claimed it was crushed. He simply said it was
    craned and lifted with chains through the doors.

    Well yes. That was *that* car.

    But what about the car involved in the accident that he was supposed to have scarpered from ?

    The defence didn't suggest it was different car with different number
    plates.

    Why would he want to try and make out that that was the car that had been scrapped ?
    When it will have been sitting by the roadside after
    the accident easily identifiable.

    There are none so stupid than criminals. That is why they are a criminal
    and not a CEO.

    If he said that after his ban that he had sold it to a man in a pub, he
    may well have got away with it.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)