Tuesday, 16 July 2013

This isn't over.

Some readers will be aware that the criminal damage trial regarding the clamping was last week.  I was found guilty.  I had moved for an adjournment on the basis that, as the police were (supposedly) investigating Rundles bailiffs, the outcome may prejudice that investigation.  I then received a letter from the CPS agreeing to an adjournment and even the CPS barrister in court had no objections in light of this matter.  This was of no concern to the magistrates, who then proceeded to press ahead with the trial, even thought I was without representation and my case notes were with my legal adviser.

Their view was that I should have been prepared for the possibility of a trial and spent the £1000 on representation just on the off chance, even though there was every reasonable expectation of an adjournment.  Evidently, expediency takes precedence over justice. 

The verdict was somewhat non-committal.  It was the view of the magistrates that as I had not contacted the police or the council at the time of clamping (as if there was any point in that) that my actions were not reasonable, which has no bearing on the fraud issue whatsoever.

Consequently, a rather rude plod informed me today (without letting me speak) that they have decided to drop their investigation of Rundles on the basis that I was found guilty of criminal damage. It is not for the magistrates to pass judgement on the matter of fraud (nor did they do so), only as to whether my actions were reasonable in light of the circumstances.  So the police have basically sat on their arses and awaited this verdict and summarily found Rundles innocent without investigation, charge or trial, even though Rundles themselves have admitted in court that they have no record of what they attempted to charge on first visit, no copies of the letters they posted through my door - and have yet to supply any evidence whatsoever that the visits had taken place at all.  Nor have the police contacted me at any point to clarify why I suspect a fraud and what my grounds for complaint are.  Had the police done their job (as if), there is a good chance I would not even have faced a trial.

I'm sure the plod, Rundles and the Council are having a good laugh about this, but in light of this, the police have strengthened my appeal grounds and now I will move for a full retrial.  This isn't over, not by a long shot, and when I win, I will make it my sole mission to bring all parties concerned to account.  My line of defence at trial was flawed, but having done the dress-rehearsal with a bunch of brain dead magistrates, and now having a new ace up my sleeve, along with proper representation, were I James Cohen, I would be concerned.  The police, the council and the courts have made a pigs ear of this from the very start.  It is going to cost them.


  1. Thank goodness there are people who are prepared to make a fuss about this. Well done, and good luck in the battles ahead

  2. Good luck Will be following this with great interest.