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He is due to appear at a bail haring tomorrow. He called his appointed solicitor today and thought nothing would come of it. He has been advised he will be charged??
He si completely innocent and feels that the charges are being pushed because the plaintiff is an ex policeman?
It took them 3 weeks to ask for a statement. he went willingly to give this advice and was arrested as soon as he entered the police car?
The question is. Is it usual for a common assault charge on a previously well behave citizen to be made.
Is there any discrepancy that can be called upon as he was not asked to make a statement for 3 weeks.
Why was his brothers statement admitting fault not taken into account?
Was it legal to ask for a statment to be made vounantarily and then to arrest him once in the vehicle?
Is there pressure being brought to bear given the plaintiffs previous employment? Can this be used as leverage in his defence
The charge is that he "clipped the landlord around the back of the head during the dispute. does this warrant a court case for what could possibly be a first offence? The Landlord was provocative. He turned out the lights and refused my son the right to pack up £1000 of equipment
My son was provoked but did nothing .
His brother did but he did not. The only reason my son stayed was because the landlord asked him to stay so the next act could use his equipment.
Will his defence solicitor have access to all of the witness statements?
The Landlord had also been drinking since early afternoon. It was a beer fretival.
should this have been taken into consideration wheh taking statements? Should blood tests have been performed? I am sure that it would affect his position as a licensee if he was not in full command of the proceedings. ther eis photographic evidence of his drinking? Can this be taken into account. I believe his judgement was clouded and his decision to turn out the lights was also because of
So given that he is innocent and did not assault this person. However his brother has admitted fault. In fact he tried to pull his brother off to which there are witneses what exactly is the best form of defence?
so basically the plaintiff can pull strings and no statement from his brother is relevant and the provocative restriction to his working equipment in the dark and the rain make no defence? Am I correct in my assumtion? Even though the person who assaulted him has admitted guilt without council and my other son denies the assault. What exactly is his best form of defence?
Yes that is is defence. He did not commit the crime of which he is accused. My son has had previous mental health issues which are now returneing thatks to the stress of the unfounded accusations, whilst trying to set up a new business as a local artist. Previously they had good relations and it all smacks of a vindictive saving face issue.
Its all very unfair. I have always believed in our great british justice system but i truly believe that in this case. Because of the previous history of the plaintiff that this may all be skewed.
All I want is justice for my son.he will deny it and take it all the way because he is innocent. He has done nothing wrong but I believe because of the victim the outcome may be skewed. His brother openly admits the assault. He in fact tried to stop it. The landlord has a face saving exersize in progress and quite frankly its poor. He has no idea how this may affect my son.
Like I said. thank you very much for your advice it has been concise and to the point. I should reitterate however I see this as bullying by a person who has previously been in an obvious position of standing. Which may tip my son back into ill health again just in order to save face. His assailant has already admitted the charge much as this pains me also. If any damage comes to my other son I will hold him wholly and totally responsible because of his standing and his need to save face. Not exactly a point of law but the truth,.
Thank you for your assistance. I amy well get back to you tomorrow after the bail hearing. How absurd it is that child molesters can get a sentance so reciculous and those who are innocent and acused of "clipping " someone about the head can come to court at the tax payers and his own very personal expense to exhonerate anothers reputation