Site Meter

Tuesday, July 06, 2010

The eve of legal battle

The eve of legal battle

Tomorrow the State is throwing the book at me; s.5 of the Public Order Act 1986. It is a legal defence if it was reasonable in the circumstances. Previously, Judge Roger Thorn, QC, has stated my conduct and what I had said was reasonable.

My defence will argue Article 6 of the Convention, right to a fair trial. If it is the same judge who opened the proceedings, he should recuse himself for displaying apparent bias.

Furthermore, the CPS failed to serve the witness statements on me pursuant to s.9 of the CJA 1967, which denied me the opportunity of objecting to them being submitted as evidence.

before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings; and
none of the other parties or their solicitors, within seven days from the service of the copy of the statement, serves a notice on the party so proposing objecting to the statement being tendered in evidence under this section:
Provided that the conditions mentioned in paragraphs (c) and (d) of this subsection shall not apply if the parties agree before or during the hearing that the statement shall be so tendered".

In my book that's the CPS and judge in trouble before we even get started on the case properly...

No comments: