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It is inevitable that, having been a magistrate for so many years, this blog will contain a fair bit of comment on legal matters, including those cases which came 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 was once involved in, and upon which I may comment, will be altered in such a way as to make it completely unidentifiable.





Sunday, 12 January 2025

 INNOCENT UNTIL PROVEN GUILTY

The presumption of innocence is the bedrock of English jurisprudence, there is no requirement to prove you are innocent, it is for the prosecuting authority to prove you are guilty, either  beyond reasonable doubt (which just means such that you are sure), or on the balance of probability, used mainly in civil, ie non-criminal matters.

However, there is a disturbing trend to declare someone guilty merely by accusation, if someone suggests he or she 'did it' then they did - end of discussion!

Two notably cases come to mind, the first one being that of the TV presenter GreggWallace

Lorraine Kelly, the so-called 'day-time-queen' has deemed fit to go on television and has 'suggested' that Gregg Wallace 'may' have behaved "appallingly".

 

She goes on to say;

 

"If you make people feel uncomfortable, it's not 1972 ........that a lot of people might say, 'It wasn't that bad really,' well it was, and it was a lot. It wasn't just one person ...............there's a lot of people coming out to say, 'Actually I felt really uncomfortable but I didn't want to say anything'."

It's worth remembering that nothing has been proved against Wallace, and he strenuously denies the accusations made against him, not that a little thing like the presumption of innocence is going to bother the 'day-time-queen'.

 

Perhaps an even worse example is the issue surrounding Prince Andrew's friendship with the Chinese businessman, Yang Tengbo who is 'alleged' to be a spy.

To call the evidence against Mr Tengbo 'slight' would elevate it far above its true worth.

The UK authorities say they 'believed' he was associated with the United Front Work Department (UFWD) - an arm of the Chinese government and even though Mr Yang said he hadn't received orders to interfere with UK interests ie spy,  he could be expected to understand UFWD and the Chinese Communist Party's objectives" and "proactively engage in them without being tasked".

So he's 'believed' to be spying but no-one told him to?

You couldn't make it up - oh no sorry, that's just what the UK authorities have done.

On the basis of such flimsy allegations Prince Andrew has come in for a great deal of criticism for the so-called "unusual degree of trust" between him and Mr Tengb, described as  a "close confidant" of the Prince, being invited to his birthday party in 2020.

Well so what?

It seems to me we are very quick to judge and without a shred of proof  declare someone 'guilty as charged', and if you can, with your spurious allegations, bring down one of the 'great and good' well so much the better - that'll teach em!

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