Private criminal prosecution – Metropolitan Police officers Det Stephen MacDonald & Sergeant Gareth Blackburn

Hearing (yesterday) 12/10/12

Charges:

– kidnap
False Imprisonment
Affray
Aggravated Burglary
– Burglary
Misconduct in public office

DISBAND THE PSNI/RUC !

On Friday the 12th October the case was requested to be brought before Southwark Crown court at 10am, at the request of Judge Leonard. It appears nothing untoward with this and simply the Judge wanting to get a handle on the case and what progress was being made toward trial. I was given notice of this hearing at very short notice and as a result I ended up arriving to court slightly late, some would call it ‘fashionably late’ as I arrived to Southwark Crown court at 10:05.

On the court notice board the matter was listed for court 8 so I dashed up to the 4th floor and peered in the window of the court. To my astonishment, the court was full to busting with about 20 barristers and there was a case ongoing with a defence barrister addressing the judge, most were sitting in the public gallery. I caught the attention of the court usher who came outside, to whom I identified myself. He said ‘great your here’ and quickly led me to the prosecution position in the case before the court.

Obviously my case was in full swing….. I apologised to the Judge and he said ‘not a problem’ and ‘please take a seat’. The Metropolitan Police (federation) barrister had been switched from the female barrister I had previously engaged with in the previous two hearings. (at Westminster & Uxbridge Magistrates) Was it a case of now bringing in the ‘big guns’? He was in the middle of discussing why the case ought to be stopped….. (this info is for a later date)

I was handed a document with these points listed out….. it makes interesting reading lol

The Judge addressed me and ask what paperwork had been filed for the prosecution. I explained that both the court and defence had been served with a prosecution pack about 6 weeks prior and that I had fulfilled my requirement to provide ‘primary disclosure’. He then asked me what was in the pack, which I then explained. I pointed out he should be in possession of the actual pack and can only apologise if this has not happened. Bizarrely, the pack was sitting with the clerk in the front bench, which they’d not handed up to the judge. I pointed it out and it was passed to the Judge, after he took a read through he indicated everything was in order except that I needed to provide a ‘list of undisclosed material’. He ordered I do this within 14 days.

The rest of the hearing was discussing that the police representatives wanted the CPS to take over the case and they wished to make a dismissal application. So true to form as with the prosecution case with TRACEY JANE MURPHY I will be defending the applications they will be making.

The Judge ordered that the case be listed for a half day hearing on the 19th of November (10am) at Southwark Crown court to hear the dismissal application. I will be writing to the court to change this date as it clashes with the trial the following day in Stevenage Magistrates court – court security alleged assault case…. I need to keep the decks clear for that one…. lol

When I get the date for the dismissal application I will inform everyone and I would really like there to be a good solid turnout. If you missed the dismissal application in the 1st case against TRACEY MURPHY in Luton, then you really missed an incredibly interesting day in court….. DON’T miss this one.

Throughout the short hearing (20mins) the gaggle of barristers in the public gallery were whispering and chuckling away as I managed the hearing. To me it seemed in a positive way as it appeared they were there out of interest to the case and found the whole thing to be of great interest. The Judge was VERY fair and conducted the hearing professionally and gave me everything I requested……. It appears the Metropolitan Police got nothing from the hearing and must have been very disappointed when I arrived….

I apologise that I can’t go into the details of why the Metropolitan Police are trying to stop the case as this will have to wait till the dismissal application, though the Police Barrister did state in public how terrible the matter was for his police clients who have had this case ‘hanging over their heads’ for such a long time ……. I am sure they get your every sympathy

If you are unaware of what this historic case is about, please take a look at the following articles;

1. http://poultonblog.dailymail.co.uk/2012/09/public-confidence-in-our-police-force-is-at-an-all-time-low-how-will-faith-be-restored.html

2. http://www.telegraph.co.uk/news/9477981/Police-officers-in-court-as-man-brings-private-prosecution.html

3. http://www.dailymail.co.uk/news/article-2188837/Two-Met-Police-officers-smashed-way-aircraft-engineers-home-battering-ram-kidnapped-him.html#ixzz23oc0tK3Q

Public confidence in our police force is at an all-time low. How will faith be restored? – Mail Onli

poultonblog.dailymail.co.uk

Public confidence in our police force is at an all-time low. How will faith be restored?

POSTED ON BEHALF OF :  Michael Doherty


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