Hoops wrote:and to assume he isnt because the media wanted a headline is to be a bigger mug than the cup he put the coffee in. (I know you are saying you don't know whether he is guilty or not, and I can't argue with that standpoint). I think though, considering the payout that would be involved with such a case, there would be PLENTY of companies willing to work on a no win, no fee basis, he wouldn't need a penny to sue the police. Thats the way it works in these litigious times...
Your ignorance of the litigation process is astounding.
First off he may well have been to an attorney and they may well have given him some advice.
I have been through a similar process and it was a nightmare. I was in constant contact with the prosecuting attorney and was constantly reminded of the futility of my actions.
at first I did not use an attorney because of costs and made significant progress, however the other attorney was adamant that I could not speak with him without.
So I got a cheap attorney - a labour lawyer, instructed him I would do the leg work and he would check out what I was doing.
Mine was not about theft, although this process does not make any difference, it is about negotiating an OUT.
I like this chap was screwed over and it was about damage control.
The process takes roughly 1 to 3 years to finalise, 3 years if the prosecution wish it to be so, and that is a fact. One that I was made clear on, and it did.
Pre trial threats are common and put the faint-hearted on the back foot and more often than not settle for the shit end of the stick
As you may have gathered I am not one of the faint-hearted. He may well be. (I won and was awarded what I was due and ALL costs)
This individual may or may not be guilty of the crimes he is accused of, but that, to the prosecuting attorney makes no difference. His task is to deflect and incur.
If and this is a BIG IF he was guilty the police would have him in court NOW for the crimes he is supposed to have committed, as I see it this has not happened. I am not following the case so I don't know and I am open to be corrected.
But for the sake of this post lets assume he hasn't.
A crime is supposed to have been committed and as such the perpetrator should have been prosecuted and then if found guilty be sacked or do time or fined AND sacked.
As it stands he was only fired, and I can only assume he was told by the prosecuting attorney that if he challenged their authority they would follow through with prosecution. It is absolutely possible and is more likely to be the case.
What would an individual, who is not trained, do? GIVE UP and walk away. No shame in that.
Where the real problem lay is what was said by all concerned and if I know anything the police would have thrown their cumulative and extensive fiat around to scare off any rebuttal.
Anyone who has ever been to court will know that the authorities are relentless in their pursuit to prove their point regardless of innocence or guilt.
Regardless of win no fee or another type of justice this fellow will have been given the run down and chose not to follow through, apparently this gives rise to a guilty verdict.
I see it this way there is no harm in walking away and bygones be bygones, however he has walked away with a cloud of doubt over his actions.
We in this country have a system (should be) that states a person is innocent until proven guilty and he has not been in a court room that has past either so by our own rules he is innocent. The police have NOT pushed for a case against him and this MUST (should) count FOR him not against him.
His actions may have been totally innocent, however knowing how these things work he has chosen to accept what he was told and walked away. One can only imagine what that was, I am sure in my own mind. What is absolutely clear here is that WE the freemen have settled on the innocent side of the fence, because of what I have stated here, but Hoops you have fallen on the guilty side, or so it seems. Which is what this poor unfortunate will have been given.
Any man who has the capability to presume guilt before a case has been heard and without any evidence or inside knowledge is NOT fit to be in service. Be that a policeman / woman or serviceman or woman.
We argue / debate that pre judgement of a crime is unlawful and unethical - this should also follow the decision of the accused - He decided NOT to go through with anything and as such is not judged and as a result should be, by default - INNOCENT. But accepted that doing so he looses his right to go back to work because there is doubt on the part of the employer.
Namaste, rev;