Wednesday 11 April 2007

Beyond Reasonable Doubt

A day in court today. We were in the trials court with two cases listed, one for half a day, the other for four hours, which takes some doing in a six and a half hour court day, even without the complications of a work to rule.

That problem at least was resolved when the advocates asked for time for further discussion before starting trial 1. The outcome was that, for no clear reason, the CPS agreed to accept the defence's offer of hands up to breach of the peace and bind over. We remarked on the cracked trial form that we had not been enlightened as to why this could not have been done earlier in the history of the case, though I doubt that will have any great impact on the parties.

The second trial developed into one of those cases where you believe one thing but decide another. Having heard all the evidence it was clear that the prosecution case probably reflected matters as they had occurred. Unfortunately, it didn't take the case beyond 'probably', and so the defendant was acquitted. The blame (if such was the case) couldn't be laid at the door of the CPS; it was just the way things panned out on the day. I console myself on such occasions - which, to be fair don't occur that often - with the thought that if my suspicions are correct, then an acquittal is hardly likely to bring the defendant to a 'Road to Damascus' turning away from a life of offending, in which case he/she will be back. Justice deferred rather than justice denied, as it were.

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