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It is inevitable that, being who I am, this blog will contain a fair bit of comment on legal matters, including those cases which come before me in court. However, it is not restricted to such and may at times stray ‘off-topic’ and into whatever area interests me at the time.

All comments are moderated but sensible and relevant ones, even critical ones, are welcome; trolling and abuse is not and will be blocked.

Any actual case that I have been involved in, and upon which I may comment, will be altered in such a way as to make it completely unidentifiable.





Friday, 16 November 2012

Jail Might Make You Depressed


Let's see if I've got this right:

A certain female ex-MP stole £53000 in the worst of all case of MP expenses fraud yet did not have to appear in court nor enter a plea to the 15 charges of false accounting and six of using false information she faced because the likelyhood of imminent imprisonment had made her too depressed to stand trial - well it would wouldn't it?

Despite a  jury in a rare ‘trial of issue’ finding that the case against this woman was ‘proved’ she will not be punished nor receive a criminal record.

I wonder how long it will be, now the cloud of two or three years in jail has been lifted from her thieving head, before she makes a remarkable recovery from her present 'depressed state'?

Answers on a postcard please to His Honour Mr Justice Saunders at Southwark Crown Court.

Shining a Light in the Dark


One of my Favourite ‘Blogs’ is Diary Of A Legal Eagle but trawling through it the other day I was surprised at how often the posts would, had they been written by a Magistrate, seem to be in direct contradiction of the Senior Presiding Judge’s edict (sorry – ‘guidance’) on ‘blogging’, ie “expressing opinions which, were it to become known that they hold judicial office, could damage public confidence in their own impartiality or in the judiciary in general”.

For example:
On Saturday, 13 October 2012 he called a decision of the Chief Magistrate “highly questionable” and on Friday, 19 October 2012 he was highly critical of certain police offices who, he implied, fabricated evidence in a motoring case

Magistrates also came in for criticism; on Wednesday, 29 August 2012, calling one particular bench “incompetent and uncompassionate”. On Tuesday, 14 August 2012 he implied that some Magistrates behaved “like some sort of extortion racket” during fine imposition or enforcement and on Wednesday, 22 February 2012 he accused some magistrates of bullying advocates during Case Management Hearings.

The court system itself didn’t escape either for on Sunday, 4 March 2012 he reported turning up for a 10am trial only to find the court had listed the case for 2pm but hadn't thought to tell anyone.

I could go on but won't for the point really is this:
all or any of the above comments might be thought by some, but not by me for I welcome anyone who shines a light in the dark, no matter if it shines on me, to damage public confidence.............in the judiciary in general”.

It seems to me there is one law, or 'guidanace' for some but not for others. And here I was thinking that all men were equal under the law!

Will I never learn?