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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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My son was at school prom (he is 18) wand was in toilet with

Resolved Question:

My son was at school prom (he is 18) wand was in toilet with another pupil... A known Ketemine user. A teacher came in alone as he was suspicious and found key on the windowsill. The other boy admitted he had it and my sone said nothing as.her swears he does not take it as he is a migraine sufferer and on medication. The teacher then wiped it away and the boys were escorted out. My son is adamant he did not take anything and as he has a drug test for working in a civil engineers on Monday I hope he is telling the truth. The school say they have handed this case to the police . The teacher was alone so it is word against word and evidence destroyed. He did not call the police at the time?? What can happen to my son??

Thankyou
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

how do you know the evidence has been destroyed?

Customer: replied 3 years ago.
The teacher failed it up and flushed it down the toilet. This happened on friday
Expert:  Jo C. replied 3 years ago.
If that is correct then I wouldn't worry about this.

They cannot prove that the substance was a controlled one. If its been destroyed then that cannot change so there is no case to answer.

Classic no comment interview situation as for as any police interview goes as a comment is just an opportunity to put your head in the noose and if his view of this is correct then there is no case to answer.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
The school say the police will be in contact with him. This happened on Friday would they have been in contact by now?
Expert:  Jo C. replied 3 years ago.
No, there is no urgency upon this. They will be far too busy meditating domestic squabbles and neighbour disputes involving childish people who use the police as another limb of the welfare state to focus their attention upon this type of thing urgently.

They probably will contact him and invite him in for interview but without the drugs they cannot prove the offence. Flushing drugs down a toilet is like cremating the body in a murder case. The most essential piece of evidence is lost forever.
Customer: replied 3 years ago.

Thank you. No police were called and no drugs test done . Only the teacher ( which seems silly as I work in a school and you should always have a witness when going into the toilet) saw this then wiped it away. The other boy admitted it was his but it is word against word. So he should be ok??? I keep worrying he will go to prison!
Expert:  Jo C. replied 3 years ago.
Yes, well that is another point entirely! Teachers need to be incredibly careful about things like that to avoid being exposed to pernicious allegations.

I don't think that word against word is a good point here. If it comes right down to word against word then they probably will believe the teacher. He is a professional adult with no particular reason to lie. They are going to prefer his assertion over the boys denial.

But whatever anybody says on the point here, the drugs cannot be tested so they can't prove the offence.
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