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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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I work as a hackney carriage driver. I am appealing against

Resolved Question:

I work as a hackney carriage driver.
I am appealing against a decision by the council sub committee decision at the magistrate court.
The council decided to suspend me for 30 days because there have been complaints against me by other drivers , customers and enforcement officers. The council has sent a list of witnesses. Which is made up of two enforcement officers and two other people I am not sure who they are ? The witness list does not contain any of the drivers or their witnesses and I think not even customers. So I cannot cross examine any of the complainants. Does that mean those complainant not appearing their complaints can be considered as withdrawn because they are not appearing in magistrates court to defend their complaints ?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Why have you not asked for their attendance?
Customer: replied 1 year ago.
I received the witness list from council today as per order ?
Customer: replied 1 year ago.
I believe they have to call the complainant s whose complaints they are supporting ?
If those complainant whose complaints they are supporting are not on witness list. Does that not mean the complainants no longer wish to pursue their complaints against me ?
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
Will you let me know if their complaints will be considered if they do not attend court ?
Expert:  Jo C. replied 1 year ago.
When is the tribunal date?
Customer: replied 1 year ago.
April 30th
Expert:  Jo C. replied 1 year ago.
Did you attend the sub committee hearing?
Customer: replied 1 year ago.
Yes I did.
Expert:  Jo C. replied 1 year ago.
Were these witnesses produced then?
Customer: replied 1 year ago.
No. Only the enforcement officers were in attendance.
Expert:  Jo C. replied 1 year ago.
Ok. Do you particularly want those witnesses? What do you expect them to say? Remember that witnesses can say anything when in the box including that which you would prefer they did not.
Customer: replied 1 year ago.
I do not want them to attend especially if their refusal/failure to attend means that their complaints are with drawn or that they do not wish to pursue their complaint.
Customer: replied 1 year ago.
That is my question if the complainants do not attend magistrate does that their complaints will be dismissed ? Without their witnesses the council cannot establish the integrity of the complaint is what I would to know there should be dismissed by magistrates. Am I correct in that assumption ?
Customer: replied 1 year ago.
That is my question if the complainants do not attend magistrate does that mean their complaints will be dismissed ? Without their witnesses the council cannot establish the integrity of the complaint is what I would to know, therefore should be dismissed by magistrates. Am I correct in that assumption ?
Expert:  Jo C. replied 1 year ago.
No, not necessarily.It depends whether you required their attendance.If you were offered the opportunity to do so and did not then their statements can be read evidence and you have lost the right to challenge them.
Expert:  Jo C. replied 1 year ago.
If they are not on the witness list then it might be that the Council don't rely on them. It depends whether the witness list covers live evidence or includes read evidence.
Expert:  Jo C. replied 1 year ago.
If they gave evidence at the Magistrates Court though then probalby they will want them again unless, of course, they will not co operate which does often happen. People have better things to do than come to court for lost of reasons.
Customer: replied 1 year ago.
The only evidence from them so far are emails sent to the council and the council writing to me to respond. The council did not send copies of complaint but their interpretation of the complaint. So I had to answer to hear say. The report had attached to it the complainants letters which I saw for the first time. Going to appeal now to magistrates court against committee's decision. I have never had opportunity to ask questions of the complainants. Now from the witness list shows they are not attending for cross examination. The enforcement officers supporting the complaint are attending.
Customer: replied 1 year ago.
The witness list only has names of witnesses.
Customer: replied 1 year ago.
What is the legal position of the complaint s when the complainant were never cross examined by defendant , nor was I ever offer the opportunity to cross examine. And now they are not attending the appeal hearing to be cross examined for the first time by defendant ?
Expert:  Jo C. replied 1 year ago.
It depends on the factors above.If they weren't required by the defence then they can be read and cannot be challenged by the defence.
Customer: replied 1 year ago.
If I cannot challenge the complainants through verbal examination , then I can and must produce documentary evidence to dismiss the written complaints.
Expert:  Jo C. replied 1 year ago.
It depends if you have required their attendance.If you have required their attendance and they don't come then the crown cant rely on them.If you haven't then their evidence is accepted and can't be challenged presuming the crown rely on them.
Customer: replied 1 year ago.
Surely it is up to the council to produce the complainants just Like if I make complaint to police. Then I must attend the court and swear on oath , be cross examined. If I do not appear in court as the victim /witness then the defendant has no case to answer.
Expert:  Jo C. replied 1 year ago.
No, as I said, it depends upon whether you required their attendance.There is no point in producing witnesses that are not disputed.If the defence dispute witnesses then they have to bind them for trial.
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Customer: replied 1 year ago.
The council has a simple policy. Any complaints made against any driver whether it be other drivers , customers , enforcement officers are supported. At the same time any complaints made by drivers against the enforcement officers are dismissed. Therefore all my complaints against other drivers are supported whilst all complaints against me as a taxi driver are supported and all my complaints against enforcement officers are dismissed. Even complaints which supposed to have expired after 12 months are brought up , similar to licence endorsement which expire and disappear from licence. Can you offer any legal advice regarding this peculiar behaviour by council ?