Well, I turned up for court by 9.30am. Had a conference with my barrister Duncan Heath. We had a bit of a fight over my instructions to introduce the Human Rights Act 1998, and the Mental Health Act 1985. I asked him to bring out my past, because it is relevant to how both the park rangers and police have treated me. Also to refer to my Aspergers Syndrome. He said that the judge would say that it is not relevant. I explained it was relevant and why. He then checked Archbold's and said that because of my condition that there was a defence of being reasonable to say "fuck off" in the circumstances. The penny had dropped.
The prosecutor wanted to try both the public order offence, and the civil offence of being in control of a dangerous dog within one trial. We would not allow this.
My barrister and the Crown lawyer went and had a chat in chambers with District Judge Rutherford. The judge said that he thought most of this would not have happened if the dog was on a lead. He added that he did not want to make a destruction order, if the case was found to be proved. Nor did he favour a muzzle and lead. He suggested that the Crown lawyer contact the CPS to see if they were willing to accept a bind over to keep the peace, and a Consent Order to keep the dog on a lead in a public place. He also was made aware of the Aspergers Syndrome, and how it afforded a defence.
I told my barrister I was not happy with either. However if the Section 5 Public Order Offence was dropped, and the civil matter also dropped then I would agree. The judge asked if I was taking any medication. I replied "eye drops for my glaucoma and ointment for my piles". Had he not burst out laughing and saying "thank you for that", I would have added that there is no treatment for Aspergers Syndrome. So we walked out of court yet again.
As Rocky and I walked through the park, I stooped to pick up a fallen conker. Rocky likes me to throw them and he run after them and crush them. He sat expectantly wagging his tail. I said "Poor old Rocky, you cannot chase conkers anymore".
Rocky One
This is crazy, I could understand it more if Rocky had ripped someones limb but to be considering a destruction order...beggars belief..Poor Rocky. Give him extra biscuits tonight John and a big hug. By the way that is a great picture of you and Rocky.
ReplyDeleteI was thinking of you both this afternoon and wondered how things were going. Thanks for filling us all in on the latest.
IRONSIDE
Yeah, John, thanks for filling us in and well done yet again. The dog is looking as gorgeous as ever. Rocky's not bad either!
ReplyDeleteTake care
Flo