Re: Witnesses behind screens. Why?

On 19 May 2006 02:41:06 -0700, "Becca" <becca@xxxxxxxxxxxxx> wrote:

<snip>

There was no jury, (more's the pity). The case was held in a
Magistrates Court and the judge heard it because he had heard the Abuse
of Process earlier.


That does make quite a big difference. Many of my comments were based
on the fact that if a judge heard it, then there must have been a
jury.

And 12 disinterested people are less likely to get it wrong than 1 who
has an interest in "justice".

There was also the matter, (not even raised in court) of the first
Policeman on the scene who I spoke to directly. I said "It wasn't our
fault, you know" and he answered along the lines of "I know it wasn't.
You don't do that much damage to a car going slowly", (meaning the
bike's speed). This Policeman has never been found although one of the
PCs dealing with the case discussed him with myself and my husband.


While the motorcyclist may well have been *also* at fault, I find it
very hard to believe he could have been going so fast as to not have
been in sight when your husband started to pull out.

Unless the map of that junction is seriously misleading, you have a
view of at least a couple of hundred yards, and even at 70mph that
takes a few seconds to cover.

We were in a BMW estate with 5 people in it yet our car was pushed on
the road and a write-off. The impact was on the front of the car
although it was only half way across the road. The impact also set off
the driver's airbag. I believe the charge was "Careless Driving"
because speed could not have been a factor on our part. We had only
moved a few yards.

I don't think anybody has suggested speed on your part was a factor.

And AIUI, cahrges of careless driving are brought because it was a
momentary lapse, rather than a course of action which was reckless.

It is perfectly possible that if he had survived, then he would also
have been prosecuted.

Whatever your personal view of this case it still doesn't make it
acceptable for "adults", albeit of limited intelligence to harass and
intimidate children.

Absolutely.

I am not suggesting for one moment that the actions of the deceased's
family were anything but despicable.


Or to call a passenger in a car a "murderer". If
I'm capable of murder from the front seat of a car then maybe they
should have been the worried party as just imagine what I'd be capable
of if I set my mind to it!

There is nothing you can do about that mentality, except ignore it.

You were obviously not at fault at all (Unless you distracted your
husband, but I see no reason to suppose you did - I'm only mentioning
the possibility for completeness)
--
Alex Heney, Global Villager
Waiter, there's no fly in my soup! - Kermit
To reply by email, my address is alexATheneyDOTplusDOTcom
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