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Saturday, June 19, 2010

District Judge Rabid Twunt!

District Judge Rabid Twunt!

Background
*************
Asperger syndrome

Yesterday morning I had to go to the magistrates court. I didn't sleep the night before, I was pursuing the Prisoners Votes Case on the internet. The Interlaken process is a connected study. In fact, I have hardly had any sleep in about 5 days.

I was charged under s.5(1) of the Public Order Act 1986

5 Harassment, alarm or distress

(1)A person is guilty of an offence if he—

(a)uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or

(b)displays any writing, sign or other visible representation which is threatening, abusive or insulting,

within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.


The Charge Sheet reads:

1 Use threatening words/behaviour to cause harassment alarm or distress
On 07/06/2010 at the City of Kingston upon Hull used threatening abusive or insulting words or behaviour or disorderly behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby CONTRARY TO SECTION 5(1) AND (6) OF THE PUBLIC ORDER ACT 1986

Can I defend myself against verbal abuse?

Today we consider what sort of offensive language constitutes an offence – and whether the recipient can legally reciprocate


The charge sheet did not, in my view, provide enough details to allow me to answer the charge. A few minutes before I went into the court, the Court Clerk handed me a bundle of papers and said "Read these and if there is anything that you do not agree with, tell the judge". I just put the bundle down on the empty chair next to me, I couldn't be bother to read through it because my mind was in no fit state. Also I was not happy that the prosecution had 2 weeks in which to supply me with the bundle, and yet had chosen to only give it to me at this very late stage! Obviously an attempt to gain an advantage over me by withholding the necessary information to defend the charge.

When my name was called I entered Court Number 1, and I noticed that the District Judge appeared as though he had just left an all nights drink party what with his wig being all askew. The Clerk asked me for my name and address which I dutifully supplied. Then asked if I was being represented by a solicitor. I responded that I was not legally represented because owing to the cuts in Legal Aid, my solicitor claimed that he lost money the last time around and that he was not prepared to lose money again.

The judge asked, "How do you plead to the charge that you said 'Fuck off you fat bastard'?".

"Not guilty", I replied.

Steam emanated from the gills of the District Judge as I dared to enter a not guilty plea. "You plead not guilty, when the witness says that you said 'Fuck off you fat bastard'? It's clear in the statements, what you said!".

"I haven't read the statements", I replied.

"Why not!", screamed the District Judge, a bit like the White Queen, in Alice Through the Looking Glass.

"Because, they have only this minute been given to me", I responded.

"That's no excuse! You could have asked for them sooner!", said the District Judge blaming me for the prosecution's failure to provide service of the documents!. I got the distinct impression that the District Judge was trying to railroad me. That he had already made up his mind upon reading the papers, and that I was only being awkward by pleading not guilty. Somewhere along the line the legal principle 'innocent until proven guilty' has been lost. I said, that I was a vulnerable person under the Mental Health Act 1983, and that there should be an appropriate adult with me. The judge said, "I've had all this before with you, I'm not interested!". I continued, "I have Asperger Syndrome, and my probation officer has said that this harrassment of me should be stopped". The District Judge should really go on one of these Anger Management courses, because he said, "Your probation officer is not here...". I interputed, "That's because she is on holiday". "According to the witness statements, you are harrassing them!". "I haven't read them, but this harrassment of me has been going on now for 5 years". The District Judge turned to the prosecutor and told her to proceed with the case. The prosecutor said that she was not ready to do that as the witnesses had not been called and she had not got all the papers ready. Gasket blowing time! "Right! Set a trial date. This case is adjourned". I said, "Can I ask a question?". "No!" responded the judge. That was a shame, because I wanted to ask, 'how could he sit in judgment of me when the Minister of Justice is ignoring the European Court in the Prisoners Votes Case'?

Outside the court, my head was in bits. I was stood trying to get my bearings. My sense of direction was lost. I looked at the signpost and it had several destinations on it and yet the landmark I was looking for was not there. People were streaming past me and they all looked mentally disabled. This tune came into my head...

Justice system 'ignores' autism

People involved in the administration of criminal justice must raise their awareness of autism and Asperger syndrome, a leading charity says.


Working with people with autism: criminal justice

Autism: a guide for criminal justice professionals

4 comments:

James Higham said...

Steam emanated from the gills of the District Judge as I dared to enter a not guilty plea. "You plead not guilty, when the witness says that you said 'Fuck off you fat bastard'? It's clear in the statements, what you said!".

John,is this from your next novel?

jailhouselawyer said...

James: Sadly true. Not fiction.

Anonymous said...

What in the world happened to free speech in England? What utter nonsense for the courts to waste time trying to make everyone polite.

Charles Cowling said...

I've been brooding on this John. Don't know what else to say, really.