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Justice Denied by Legal System (Read 18390 times)
skye
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Justice Denied by Legal System
Dec 13th, 2010 at 8:26am
 
After three years of struggle for justice, the only option to maintain my sanity was to give up. When the local Fiscal's wrote to me saying that despite having two witnesses to the assault on my person, they were not going to proceed against the perpetrator because these witnesses had over the course of two investigations given contradictory statements so would be deemed by any court to be unreliable.
However, it was not the witrnesses who were unreliable but the police officers originally assigned. In taking statements (including my own) not one question was asked of any witness, no probing of any kind was undertaken. The report the Fiscal then received was based upon these unchallenged statements. So what happens if witnesses conspire to lie or if the officers fail to fully reflect the meaning of what is said? In addition there were no forensics (deemed unnecessary by the officers), no reconstruction no application of logical analysis (ditto, ditto). In the face of the perpetrator concocting a tissue of lies what chance has the victim if the legal system fails to bring him to a court if the Fiscal bases their judgement upon the results of poor investigative procedures?
Further, to clarify the situation for those reading, the lies concocted were that I had not been assaulted but had in fact sustained significant facial injuries from an accidental fall prior to which I had allegedly committed a minor affray against the perpetrator. No medical examination of the evidence was ever carried out apart from a quick statement (again without questions) with the hospital doctor who later stated that to give a view on the injuries was outwith his expertise, nonetheless the officers took his inability to determine cause as not contradicting their case against me. The limits of the capacity of the investigating officers in the rural Highlands were exceeded and they promptly charged me, the victim of the crime.
Those fair minded readers here will naturally be impartial at this point and be prepared to consider that I may have another agenda here - so I will quickly tell you that no stone was left unturned to seek a court hearing in this matter: after 5 months the case against me was dropped and 15 months after this and after my paying for a full forensic analysis of my injuries (videoed by my wife) and which concluded I had been assaulted, I was granted a second investigation. This matter was now conducted properly and witnesses (including myself) were interviewedat a police station (none of us were before) and we were probed. Needless to stay a good thorough city-based officer determined that the matter should be referred to the Fiscal recommending that a case of assault be brought against the perpetrator. However, the Fiscal as we know, decided not to proceed and a year later cited the change of statements of the witnesses as the reason.
Shortly after the incident, I began the complaints process and this led me to experience the Scottish Police Complaints Process as I took the matter all the way to the Commissioner - but far from addressing the key matter of the lack of justice served, the Comissioner reprimanded the police only for minor matters of failing to give reasons for their actions - when surely any process involving complaints about the police should examine why they were unable to provide the Fiscal with a report that reflected what had actually happened? The report took 28 months to be published and it became apparent that the local police had been involved in an extenive back covering exercise and whilst they undertook to avoid sanction or criticism the processes applied took their views at face value and failed to probe the matter vigorously. Part of the fault here lies with the PCCS remit of investigating the investigation processes only and not the quality of decision making at the time - one cannot help but think the the PCCS is a toothless bureacratic quango.
Left with no criminal path to fllow, the matter was taken to a civil injuries tribunal who originally found against me without any hearing of any kind. However, after undertaking a lie detetector test (passing it of course) and with an army of photographs, new statements and a strong heart, I eventually got to sit before civil tribunal appeals panel, 33 months after the original incident.
Within minutes the panel announced that the evidence was so overwhelming that I would not have to prove that I was assaulted - because it was clear I had been. I was awarded compensation.
So how is it the legal process could not bring this matter to a hearing where a case could be made? Ineffectual police officers, over strict Fiscal tests of evidence, police corruption of evidence, legal impotence? What does it take to get a matter heard when the guilty party is prepared to lie and deny and the forces of maintaining law and order are ill-equipped or lack the will to proceed?  To win so easily in the end demonstrates that even if the level of proof is higher in criminal case, you cannot soley rely upon the iniital utterances of any witness when in this case the facts became obvious only on a second interview and after more extensive evidence is obtained .
I would hope that anyone reading this who is a part of the legal system would be shocked at this case - but where does one go now to protect future victims of crime? Is there any recourse for me? Something is clearly systemically wrong but who has the courage to address it?
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Lil Mo
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Re: Justice Denied by Legal System
Reply #1 - Dec 13th, 2010 at 6:08pm
 
Hi,

From my understanding you have been treated fairly badly in this case, but I am sure I read or heard somewhere that there was to be a change in the the way complaints against the Police are heard as at the moment they are clearly not impartial to be investigated by their own Colleagues.  As I say I am not 100% sure but someone else on the Forum will no doubt know more about it and be able to confirm if this is correct. 

For what its worth, you have my sympathy with regards to the way you have been treated.

Mo
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predatore2004
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Re: Justice Denied by Legal System
Reply #2 - Mar 21st, 2015 at 3:21pm
 
Justice....my god! good luck on that
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