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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10270
Experience:  30 years as a practising solicitor.
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There! Thanks earlier help, but i am still not

Customer Question

Hi there! Thanks for your earlier help, but i am still not out of the woods yet.
Last September a business associate fled from my Company with £6,500 cash and a nearly new lap top computer. police said it was a civil matter, refusing to help. A few days later BBC news tells us that police have been using this excuse to keep crime figures down.
On advise from yourselves I pursued suspect by email for recovery of lap top but then she alleged I was "stalking" her.I provided "my policeman" with four page statement of facts but for ten days he failed to contact the suspect, living less than one mile from his police station. "Her policeman" then threatened to lock me up if I ever tried to contact suspect again and he point blank refused to read a copy of my four page statement. I wrote an email to his Sgt alleging I had felt intimidated by "her policeman".
A week later he charged me with stalking.
Two months then went by before police Inspector took a statement from me regarding the missing lap top.Over the months the matter was dealt with by four different police Inspectors who will not tell me why suspect has not been charged with theft of lap top.
I then provided evidence to police from the manager of the shop where I had bought the lap top from, using my business Bank card. The suspect had attempted to get the manager to provide her with a false receipt for the lap top, in her name. Police still refuse to act. I suggest officers have a serious conflict of interest on their hands because proving that suspect had stolen lap top would undermine "her policeman's work, the false charge against me.
I ask them to clear matter off their desks,give me a report that I can take to Edinburgh police where suspect now lives, but they refuse to help.
3rd June 2015. Fourth Insp produces report on my September complaint which now has grown and involves four police officers, who I allege have been perverting the course of justice.
I believe their motive may have been to protect the service record of "her policeman" who in Dec last year got found guilty of dangerous driving. With such a grave blemish on his police service record it is understandable that his colleagues should do all that they can to prevent me blemishing his service record any further.
In her Report, Insp MacDonald states she found dubiety over ownership of lap top.
The suspect originally told "her policeman" there was no new lap top in our business. Then when I emailed her reminding her how she had sent me a text from Poland saying she could not email me because she had left the lap top back here in her flat in Inverness she changed her statement to "my policeman" saying she had given it back to me. Then she changed her statement again saying she had given it to Thomas the Pole to fix and give it back to me. Thomas told police he did no such thing and could not open new lap top for any repair anyway, because it was under makers guarantee. When I challenged Insp Macdonald at her police station recently asking why the suspect had never been charged with theft of lap top Insp MacDonald could only repeat "No comment. No comment" and simply insisted that I take the matter to PIRC.
Insp MacDonald's Report alleged that I had not expressed dissatisfaction with the police service.I have responded to her, and the Area Commander, with 25 copies of letters and emails that were sent to her police station on the matter,all expressing dissatisfaction with inadequate professional service and all are now marked No Reply.
Since 12-6-15 I have written five letters to the Area Commander, but get No Reply.
When I introduced the matter to PIRC they sent me back their guidelines which state that they cannot investigate a criminal complaint against the police force, which I fear perverting the course of justice might be.
Therefore, on 6-7-15 I directed the matter to the local Procurator Fiscal enclosing the draft of my complaint to PIRC, but got no acknowledgement. I wrote to the fiscal again on 15-7-15, but got no response.
The Area Police Commander returns from holiday tomorrow so I am keen to put a copy of this to him as soon as I can get your valued advise on some strategy to get the suspect charged with theft, which in turn should allow the Fiscal to see the bigger picture. I have asked Police and others this question. How can the Crown go forward to court with the stalking issue when I had published all the details of the matter on my web site wwwbrianmacgregor.com-before I was ever charged with the alleged offence?
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
As I understand it you have complained about the actions of the police in not investigating you complaint. That is a matter you can refer to PIRC. However if you are actually accusing the police of a crime (which you should not be doing) PIRC won't deal with it and you would have to go to Crown Office.
I don't think that is what you want to do. You have a complaint that you are the victim of a crime, the police have been given evidence of this and they have failed to act. Perhaps a coherent and concise statement of the facts along with a copy of the documentary evidence sent to the area commander would assist. Better still ask your solicitor to put the paperwork together is a more formal legal context and it might be taken more seriously that it has been so far.
Then if the police still don't act you will have a complaint that PIRC can investigate.
Happy to discuss.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

When you say that I should not be accusing police of a crime you gave no reason for saying that.I asked the Chief Inspector why the suspect has not been charged and all I get is "No comment", with no reason given. That is an inadequate professional service, to say the least,and perverts the course of justice.

But how can the case go to court when all the details, including initial advise from Justanswer were published on the net, before I was ever charged with alleged stalking? All the details are still published there to this day.

Expert:  JGM replied 1 year ago.
I can't answer your query about stalking as you haven't yet given me the allegations on which the police rely in their proof of such a charge. Certainly nothing you have narrated so far would lead me to conclude that the crime of stalking has been committed.
The failure of the police to investigate is not necessarily perverting the course of justice. If you follow that line you won't get PIRC involved and you're unlikely to get much further as quite simply you aren't going to get the police charged over this. You have to go down the complaints and review route.
JGM, Solicitor
Category: Law
Satisfied Customers: 10270
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 1 year ago.

It is not as if police have failed to investigate. They took a statement from Computer shop manager, and three different statements from the suspect and refuse to tell me why they have not charged the suspect with theft, which in turn would show the Fiscal that I had a legitimate reason for emailing the suspect who in turn alleged I was stalking her.

You say I am "unlikley" to get the police charged over this

Why should it be "unlikley"?, if all the evidence shows that they ignored the theft of the lap top in order to sustain the spurious stalking charge.The police had a motive and an opportunity to frame me for stalking. "Her policeman" was offended that I had lodged a complaint against him alleging that he intimidated me when he threatened to lock me up if I pursued the suspect.What caused the intimidation was not only the locking up threat but his absolute refusal to read my four page statement which recorded the whole background to the issue.

How can this go to court when it has all been exposed on the internet, before I was charged?

Expert:  JGM replied 1 year ago.
If you think you have a reasonable prospect of having police officers charged, and you know more about the facts than I do, then make a report or have your solicitor do so and send it to Crown Office.
As far as the stalking charge is concerned, I can't answer this. If you read my answer above I have said:
"I can't answer your query about stalking as you haven't yet given me the allegations on which the police rely in their proof of such a charge. Certainly nothing you have narrated so far would lead me to conclude that the crime of stalking has been committed."
If you can answer this I may be able to comment.
Customer: replied 1 year ago.

I think it is fair to suggest that we both understand how the suspect simply used her stalking allegation to get police assistance to throw me off pursuing the missing £6.5K and the lap top. Trouble here is that Crown have adopted Zero tolerance in Scotland towards "stalking".

Whether "stalking" can be proved in Court or not is not the issue.

The issue here is police refusal to charge suspect with theft of lap top. I have concentrated on lap top because it is something more tangeable than the missing cash which could be attended to if and when suspect charged on lap top. I will look very foolish in Court charged with "stalking" if I have failed to get Police support to the fact that I had a legitimate reason for pursuing the suspect.First response from your team said the Police had not handled the matter properly,and since then matters have gone down hill with Police taking over 8 months to produce a Report refuting my allegations.

The answer is to try and keep the matter out of court and that is why my question to Justanswer has been. How can this go to Court when all the details were published on www brianmacgregor.com a few days before I was ever charged with the alleged offence.

Indeed if it were not for that fact then we should not be able to publish what we have here. When I asked a solicitor that question, a couple of times, on the day I appeared in Court, I was told we would" talk about that later". We never did. When I asked the Police the same question they could not answer, saying solicitors are better paid than they are, I suppose they were saying the police are not so intelligent.

click www.brianmacgregor.com for the bigger picture which now includes evidence that the suspect is being "radicalised",married to a Bosnian Muslim Hip,hop artist, lives in Denmark who supports Hamas and incest marriage on Facebook. When I uncovered this fact two weeks ago all his material was withdrawn from his web pages. Muhammed Hadzi (Scout) Undertheground Denmark. We still have his email address and suspect that he does not know what this wife is getting up to in Scotland.I hope you enjoy my web site.

Expert:  JGM replied 1 year ago.
I have seen your website. Having seen this I'm afraid I am opting out of this exchange.
Customer: replied 1 year ago.

Why? What is your reason? I am still keen to get your opinion on the fact that so much was published on the net before I was charged and so much more has been added since that time. I am keen to make sure you can be awarded for your service.and keen to publish this on my web site.

Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 1 year ago.

Hi Nicola. Thanks for your interest. There seems to have been a very basic misunderstanding here. I did not ask for an opinion on the actual alleged "stalking charge" This is something that would require a few days of court work, but that is what JGM concentrated on. My actual question, which in fact I have had to ask a few times now is:

How can the Crown go forward to Court with the stalking issue when I had published all the details of the matter on my web site www.brianmacgregor.com-before I was ever charged with the alleged offence? Only yesterday did I notice that JGM was the same Solicitor, back in September, that asserted that the Police had not handled my case properly yet here is JGM now asserting that I should not be accusing the police of a crime. If the evidence suggests that they committed a crime then I do not understand why JGM has taken the view that he has done, and failed to qualify that opinion with a reason.

Why does my original simple question remain unanswered?

Why has JGM taken fright and fled the case?

Not interested about return of deposit while we continue to search for the truty. Kind regards Bogbain

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Thank you Nicola

.Patience,tolerance and courtesy. The hallmarks of a Highlander, and the truth will out.

Perhaps the fact that I published the issue on the internet before I was ever charged with the alleged offence is rather unique, maybe my question is not that simple, but we still have to deal with the stark facts of the matter. Looking forward to a fresh start. Regards Bogbain

Customer: replied 1 year ago.

. I ignoredThank you Christina in customer support for offering to find another expert. While I had set out one particular question initially and recorded certain facts of the matter for consideration, perhaps I should now add a bit more colour to the picture. not only were facts recorded by me to the police before I was charged, some other important facts have now been relayed to the police, and ignored. The suspect alleges she contacted me in Feb 2014 in response to an adsvert she alleges I put in my city centre showroom looking for someone to run our Outdoor Activity Centre at Bogbain Farm. Absolute lies. I have now provided police with itemised phone bills which show me in contact with the suspect since Dec 2013. The suspect confided in me with the fact that she had some deep mental illness to the effect that she had been psychoanalysed as being only one point away from being classed as a psychopath. I ignored the comment until a couple of weeks ago I received an email from a former lover of the suspect who said. " She has deep psychological issues, and indeed is an escort girl. (prostitute). She doubled as a prostitute for the Masons and was regularly sent off with them on business trips for their pleasure. She is extremely manipulative and has a high degree of intelligence, a pathological liar like I've never known. She is a narcissist of the highest order with a very troubled mind and has sought lots of professional help to no avail. i would advise everybody to avoid her like the plague" Three other similar emails are now in the hands of the police. The suspect uses at least four different names and clicking one into Google recently we find she is maybe married to a Bosnian muslim. hip, hop artist who lives in Denmark, while the suspect resides in Scotlan. On his Facebook he openly supports Hamas and incest marriage. Following our discovery he has vanished from Facebook.

evidence suggests that the poor suspect is simply a very vulnerable adult who has been radicalised to some degree.

The Metropolitan police have been informed but I am still left in trouble with our local "thin blue line"

The Sun Newspaper is straining at the bit to get going with this item, but first I need some counselling from your experts. I sincerely ***** ***** you can all keep up the good work. On reflection. I suppose JGM is simply being "cautious". Know what I mean?, as Enry might say.

Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Dear Nicola. We have started, so we must finish. Yes. please keep going.

Cheers XXXXXXX

Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 1 year ago.

Hi Nicola. I am quite happy to wait for you to find the right professional, but if you are having trouble finding someone with Scots Law experience I can't see why someone with English law can't attend to my original question. I asked, "how can the Crown go to Court with the allegation when I had published full details on line, and indeed had taken advice from Just answer, before I was ever charged with the alleged offence.

I can't imagine there being any great difference in law regarding the issue. Cheers Bogbain

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you. I will put this into English law as well just in case.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Why not ask Jo B to help with an answer, just as if the matter was destined for an English court?

Expert:  Nicola-mod replied 1 year ago.
Hello,
I can ask and move the category but you would not be likely to get a helpful or accurate answer as you would be asking under the wrong legal system. I cannot guarantee that Jo C would be able to provide an answer however as this may not be her area.
Please let me know what you would like to do,
Nicola
Customer: replied 1 year ago.

Jo B was able to give an answer when I asked about legal aid without any reference to whether the trial would be in England or Scotland.

I never mentioned where this court appearance might be, your expert simply assumed it would be Scotland. Now let us assume it is to be in England and let us start all over again. It is a basic legal principle that we are talking about here. I know you cannot guarantee that Jo B would be able to provide an answer but I find that in life. If you do not ask-you do not get. My question has been in the air now for ten days. First time I raised a question I got an answer and paid for it within one hour.

Cheers Bogbain

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I'm happy to help.
Can we just try to summarise this?
Is the essence of your defence that you made reference to this on the Internet before you were charged?
Customer: replied 1 year ago.

Thanks Jo C. I anticipated that the suspect who had run away with the £6.5 cash and the new lap top might use an allegation of "stalking" to prevent my pursuit. I spoke to the police station where I was informed that if a woman now says to a man she wants nothing more to do with him and he contacts her twice again then police regard that as stalking. I then made sure that every email that I sent to her had the Subject marked "Pursuit of lap top". I also contacted yourselves where I was told "police have not handled this properly". I published details of the "Just answer"material, along with further details of the matter, on my web site. www brianmacgregor.com. Indeed all the details are still published there. I had lodged a written complaint regarding the intimidation exercised against me by the suspects policeman and a week later he charged me with "stalking". My policeman had failed to contact the suspect over a ten day period, a time in which I understood she was preparing to leave Inverness to live in Edinburgh.

The whole strange saga is published on the net. Police took over 8 months to deal with my complaint and the findings are a total misrepresentation of the facts. When I ask the Chief Inspector why the suspect has not been charged with theft I get "No comment"

Twenty five letters and emails to the police are now marked No reply.

A few letters to the Fiscal resulted in No reply

I suppose you should now check the web site and suggest whether or not this can go to any court. Thank you for your interest.

Cheers Bogbain

Expert:  Jo C. replied 1 year ago.
Is there any reason you think it may not go to court?
Customer: replied 1 year ago.

Well of course I am of the opinion that a false allegation was lodged against me by the suspect who ran away with the cash and the lap top. Compounding the issue was the prejudice exercised against me by the police officer after I had complained about the intimidation that he had exercised against me by refusing to read and act on the four page statement which I had prepared in order to keep the police force informed about events.Leaving aside the merits of the stalking allegation for a moment. Was a grave injustice not being exercised by the police in ignoring the theft angle and concentrating on the stalking allegation?

How can a jury be expected to go into court with open and impartial minds when so much has been published in the public domain?

Cheers Bogbain

Expert:  Jo C. replied 1 year ago.
Yes, of course but that is for the court to decide.
No, I am not able to tell you that the actions of the police officer amount to an injustice and even if they did it still doesn't mean they cannot charge this.
The Jury will be told not to perform independent research. In any event, if you are saying that you put this information there then I'm afraid that isn't a good point.
Customer: replied 1 year ago.

The fact remains that the information was put there. The information from Just answer was published there and information from Just answer said that the police had not handled things properly.

. The information has featured on the blogs of our local newspaper for the last eight months so there seems little point in a Sheriff asking a jury to not look into the matter after such a great exposure.has taken place.To sit and do nothing until things in front of a jury is not an option, indeed the first lawyer said that I should be more pro-active. We want to keep this out of court if at all possible so what I have been looking for is a sound reason to present to the Fiscal, based on the facts that I have been presenting to Just Answer.

Only lawyers would want issues to go to court..Kind regards Bogbain

Expert:  Jo C. replied 1 year ago.
I am afraid I cannot give you a sound reason for that as the argument has no basis.
Customer: replied 1 year ago.

The first lawyer gave us a sound reason when he declared that the police had not handled things properly. I don't think you and me could or should argue with that.

By publishing the issue on the net, before being charged, and since charged, must put the Crown in an untenable position.

I am sure that the suspect never expected this to go to court and I know that is the last place on earth that she would want to be. Nobody but lawyers want to go to court. What we need is some legal representation to propose to the Fiscal to drop this sooner than later. I understand that "her policeman" jumped to a conclusion and threatened me and then exercised vengence against me when I complained about his service. I suspect that because of the recent grave blemish on his police service record because of his "dangerous driving" his fellow officers have closed ranks to protect him from my complaint. If this should hit court I am left in a precarious position with the fact that I am alleging I had every right to pursue suspect for cash and lap top, but where is the substance in that if I have to admit that the police have failed to act on my information.

The police are simply perverting the course of justice by doing nothing about the lap top.In view of the facts and argument presented, How can we phrase a representation to the Fiscal suggesting that their action is "not in the public interest" or represents "insufficient evidence"?. Of course this is all destined to be published on the net, as before, so your answer is destined for a "wider audience".

Cheers Bogbain

Expert:  Jo C. replied 1 year ago.
I'm really sorry and I wish I could give you a different answer but I am not going to be able to tell you that this is a proper basis for an application.
The fact that you posed a question on Just Answer does not mean the PF cannot prosecute you or even really that it is in the public interest not to.
I am very sorry.
Customer: replied 1 year ago.

No doubt you have viewed our Kirsty Wark on BBC TV giving folk a hard time.

Like the night she asserted to a Lawyer. "You do not need to be a qualified lawyer to give me one hundred and one reasons for doing nothing." That is what your advice amounts to at the moment..

Do nothing.Let the police pervert the course of justice. Appear in court so that your profession can have a field day making fools of an old farmer and a suspect with mental and relationship problems.

At the moment it seems to be Just Answer that is on trial on the net when you continue to fail to come up with a simple answer to such a simple question.

How can this issue stand scrutiny in court when the whole issue was broadcast on the internet long before the cops jumped to a wrong conclusion. I better print all this off now to be held in evidence at a later date.

Expert:  Jo C. replied 1 year ago.
Ok. Best of luck.
Opting out.
Customer: replied 1 year ago.

You mean. you can't answer. Yes or no?

Customer: replied 1 year ago.

Whenever a service or goods can not be provided, it is only a matter of common courtisey to give a REASON for such a decision. Only inadequacy, prejudice or ignorance, would dictate any other action.

Now can we please go on?

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