tag:blogger.com,1999:blog-12900311.post113262219196917619..comments2024-03-17T07:48:22.347+00:00Comments on Diary of a Criminal Solicitor: I Can Shout Louder Than YouGavinhttp://www.blogger.com/profile/08500048413933214232noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-12900311.post-63725655492104091322007-09-18T11:40:00.000+01:002007-09-18T11:40:00.000+01:00Hmm, I thought that the Police were well versed in...Hmm, I thought that the Police were well versed in obtaining statements 'loaded' towards discrediting defendants.<BR/>"People in glass houses..." OUTSIDER!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12900311.post-1136497292286623022006-01-05T21:41:00.000+00:002006-01-05T21:41:00.000+00:00Sorry outsider,I have been instructed to mount cha...Sorry outsider,<BR/><BR/>I have been instructed to mount character assassainations on witnesses before but I can say that I have never come up with the idea of doing it by myself.<BR/><BR/>There are many cases where the defendant claims that they are being prosecuted despite acting reasonably in the circumstances. For example an assault on another person, or assaulting a PC.<BR/><BR/>Personally I do not think that it is wise to embark on a character assassination because without other evidence, because otherwise the only defence put forward is that the Defendant only committed the crime because the victim deserved it, or the victim is just a bare faced liar.<BR/><BR/>I tend to advise my Clients that a defence based on a character assassination is never likely to succeed but ultimately I am generally bound to run a case on the instructions that I am given - therefore I do not have a great deal of choice whether I ask questions about people's character and accuse them of bad deeds.<BR/><BR/>I am not suggesting that I am powerless in the way a case is conducted but it is ultimately my Client's case.<BR/><BR/>This is a trick that the prosecution also use. In cross examining a defendant it is not rare to see a prosecutor suggest that a defendant is a bare faced liar and they are lying simply to prevent a conviction.Gavinhttps://www.blogger.com/profile/08500048413933214232noreply@blogger.comtag:blogger.com,1999:blog-12900311.post-1136461915235166972006-01-05T11:51:00.000+00:002006-01-05T11:51:00.000+00:00Gavin,I take the lack of response to the above as ...Gavin,<BR/>I take the lack of response to the above as a "yes" then?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12900311.post-1134561779143128442005-12-14T12:02:00.000+00:002005-12-14T12:02:00.000+00:00As a recently retired Peeler I have noticed more a...As a recently retired Peeler I have noticed more and more over recent years, the Defence's tendancy towards, "if the evidence is too good, then attack the behaviour/character/conduct of the officer or witness."<BR/><BR/>You are happy to ridicule your client for the way he behaved towards you,and undoubtedly found it difficult to deal effectively with him.<BR/><BR/>But in my experience the Defence would not hesitate to generate criticism of those in contact with him in order to excuse the "totally out of character, behaviour born out of frusration at the officer's/aggrieved's in ability to help my client, your worships/M'Lud/Sir..etc.,"<BR/><BR/>In other words welcome to the receiving end for a change and consider how YOU felt when confronted by the a*sole.<BR/><BR/>Can you honestly say, Gavin, that you have never built a defence on the basis of character assassination of police or witness?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12900311.post-1134505157198279752005-12-13T20:19:00.000+00:002005-12-13T20:19:00.000+00:00Outsider, why all the hostility?When I mentioned a...Outsider, why all the hostility?<BR/><BR/>When I mentioned a 'minor assault' I was referring to the matter that had been dismissed against him - and if he was cleared of that matter then no it would not be an offence because the Court ruled that they were not satisfied beyond reasonable doubt that an offence had taken place.<BR/><BR/>I have missed your second point about denigrating Police Officers and witnesses? Whatb did you mean?Gavinhttps://www.blogger.com/profile/08500048413933214232noreply@blogger.comtag:blogger.com,1999:blog-12900311.post-1134483139413560822005-12-13T14:12:00.000+00:002005-12-13T14:12:00.000+00:00"Only a minor assault" is still an offence is it n..."Only a minor assault" is still an offence is it not?<BR/><BR/>Having to represent tossers like this? Just think how the police feel having to deal with him before you get to defend him and get the chance to get him off?<BR/><BR/>Sometimes by denigrating the hapless police officer or witness, who you would probably criticise for shouting at your client in the same way, thus provoking him to commit the offences for which he appeared before the court?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12900311.post-1132864103453317272005-11-24T20:28:00.000+00:002005-11-24T20:28:00.000+00:00Only of a minor assault. He was convicted of three...Only of a minor assault. He was convicted of three other matters.Gavinhttps://www.blogger.com/profile/08500048413933214232noreply@blogger.comtag:blogger.com,1999:blog-12900311.post-1132861298143615482005-11-24T19:41:00.000+00:002005-11-24T19:41:00.000+00:00You state that to your credit you managed to get o...You state that to your credit you managed to get one of the charges dismissed. Was he in fact innocent?Anonymoushttps://www.blogger.com/profile/05975146424011539190noreply@blogger.comtag:blogger.com,1999:blog-12900311.post-1132783827699162232005-11-23T22:10:00.000+00:002005-11-23T22:10:00.000+00:00I as a retired Police officer wonder sometimes as ...I as a retired Police officer wonder sometimes as why solicitors duty or otherwise even try to hold rational conversations with drunk and abusive clients. Why if they turn up late at court and drunk as described are they not locked away until sober or better still just ignored and dealt with for contempt.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12900311.post-1132757097202843832005-11-23T14:44:00.000+00:002005-11-23T14:44:00.000+00:00If a client wants to act like a twat then I have a...If a client wants to act like a twat then I have absolutely no sympathy with them when they end up in the cells!!Anonymousnoreply@blogger.com