r11co wrote:
Ernest Marsh wrote:
3. Why has the appeal court overturned the verdict of an earlier hearing?
Quote:
The judges ruled the district judge erred in law
Appeals can only be on a point of law by definition. Re-examination of evidence or introduction of new evidence can only be permitted by retrial. Today's 'point of law' setting aside the evidence sounds like a fudge to me, but the only possible outcome of the present proceedings now is a dismissal of the case rather than an acquital.
Probably the result
they were looking for all along, and the politically correct twit who brought the case into the public eye in the first place set in motion a very complex and unnecessary face saving act.
Sorry - I was answering my own question with the quote - my point was that within the quote was the explanation of what the original judge did which was wrong. I want to ask WHY he was able to get it wrong. These same judges sit on cases where members of the public are on trial - and we know that some decisions are controversial, and therefore open to investigation.
Shouldn't more motorists be allowed the appeal.... for instance the case I illustrated? Also the death by dangerous driving where the driver got 5 years having been told to plead guilty due to "racing", which we discussed last year.
Longpod wrote:
There is a constant need for driver s at this level to maintain their skills. It is the only way we can drive at those speeds (or less) confidently, without fear in the vehicle, knowing its limits and capabilites, and being good enough to safely keep up with the nugget in a stolen golf doing 70 past your kids school.
My only concern is that this should not be undertaken unannounced, and alone.
Would you agree my earlier point of better safety being achieved if other police vehicles were aware, and had the opportunity to monitor the road ahead of the test?
As a for instance.
What if a minibus full of revellers on their way home from a nightclub were just broken down on the hard shoulder, when PC Milton appears, and they decide to try and flag him down, and because they fear he might overlook them at the speed he is travelling, decide to foolishly step in front of his vehicle?
A car ahead, at a slower speed could watch for such an eventuallity, and
reduce the risk.
My other concern over this case is the fact
a fellow officer put forward the case. Why was it not an internal matter?
Did they know something of his character that we are not privy too?
I am pleased that you feel the video would reveal much about the case.
Now that the CPS has brought the subject to the fore, I feel the public need to be placated, and showing the video would achieve this.