I note that in my local newspaper, the reporter Hannah Masters-Waage has got some interesting quotes from the Hounslow Police and CPS.
A spokeswoman from the Metropolitan Police said: “The matter was investigated by officers from Hounslow and discussed with the CPS and no further action will be taken as we have been advised by the CPS that there is insufficient evidence to support a prosecution.”
A CPS London spokesperson said: “The police asked the CPS in Hounslow for early advice on whether an offence had been committed.
“Having a brief overview of the case the prosecutor advised the police that there appeared to be insufficient evidence for a realistic prospect of conviction.
“If the police ask us to undertake a full review of this material then we will do so, but this has not been requested since we provided our initial advice.”
So the CPS say that after 'a brief overview' they advised that there 'appeared to be insufficient evidence' but they will not undertake a full review until the police request it. At the same time the police say that they will take no further action as the CPS have said there is insufficient evidence. Meanwhile my correspondence with the CPS has gone unanswered and nobody is prepared to undertake a review because I have requested it.
I have tonight e mailed the police officer who originally investigated this case as follows:
"Dear PC ,
The following has been reported in my local newspaper the Ascot News. http://www.bracknellnews.co.uk/news/ascot/articles/2010/12/03/49606-film-of-abuse-from-driver-is-not-evidence/
You will see that a CPS spokesman has told the reporter that:
“The police asked the CPS in Hounslow for early advice on whether an offence had been committed.
“Having a brief overview of the case the prosecutor advised the police that there appeared to be insufficient evidence for a realistic prospect of conviction.
“If the police ask us to undertake a full review of this material then we will do so, but this has not been requested since we provided our initial advice.”
If the spokesman is correct, then it is clear that the CPS will review their advice in the event that you ask them to do so. Naturally I have asked them to review their advice but have not, to date, received any response. Could I request you please therefore to ask the CPS to undertake a full review.
Also, since you do not have a statement from me, it may be helpful if you know what I say was said; a video with subtitles to indicate that can be viewed here http://www.youtube.com/watch?v=ZEFOMLngZ08
I note from today's Sunday Times that a police spokesman has described the use of cameras like mine as "tremendously beneficial", which is reassuring.
Thank you for your continued attention to this.
Martin Porter"
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I think its interesting the level of excuses they've both appeared to have made. Are they effectively saying: "not my fault, guv, blame the other guy!"
ReplyDeleteInterestingly this article seems to show how things have become: http://www.bracknellnews.co.uk/news/bracknell/articles/2010/08/04/47726-injured-cyclist-ignored/
In many people's minds its a case of perhaps we dont matter and that we might just go away. A failure of logic on their part, sadly.
This "evidence" problem also raises questions for non-cycling related incidents. Say for example someone records evidence of a drug deal, the dealer gets in their car and the whole thing is caught on camera. According to the CPS practices that wouldnt be evidence.
Good luck with your campaign. Hopefully it will help all of us out there on the roads . . .
ReplyDeleteDougie
It is interesting that they cite only the evidential burden instead of the legal issue.
ReplyDeleteI agree that there seems - at the very least - one criminal transgression one behalf of the driver.
With regard to the evidential burden, do they cite the problem. I cant imagine what it would be unless there are concerns about the clarity of the video.
The terrifying conclusion of this is of course what needs to be done PRIOR to serious injury for the CPS to take some action. This would appear to be at the apogee of both criminality and evidence thereof.
Shame
Just picked up on this, but will follow with interest from now on. I'm sure someone's already made the connection, but if not: how on earth can the CPS square thier response to this with their prosection in the 'blow up Robin Hood airport' Tweet case?
ReplyDeleteLike you, I've been 'radicalised' by abusive motorists and find it increasingly difficult to 'shrug off'. Some days, it just seems like a war zone...
All the best and hope you get a result.
Don't let up, keep asking the questions that need to be asked.
ReplyDelete