The Magistrate's Blog (2005-2012)

This blog has migrated to www.magistratesblog.blogspot.co.uk This blog is anonymous, and Bystander's views are his and his alone. Where his views differ from the letter of the law, he will enforce the letter of the law because that is what he has sworn to do. If you think that you can identify a particular case from one of the posts you are wrong. Enough facts are changed to preserve the truth of the tale but to disguise its exact source.

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Location: Near London, United Kingdom

The blog is written by a retired JP, with over 30 years' experience on the Bench.

Saturday, April 04, 2009

What Should We Make Of This? - Part 2

Here and elsewhere this video and various eyewitness accounts have sparked a debate that encompasses a wide range of opinions. Since this is, after all, a blog about judicial matters, may I suggest that we approach this as if we were considering evidence.
What are the agreed facts? Put those aside as they need not detain us.
What are the disputed facts? Was the police action necessary and proportionate? Were the members of the public involved breaking the law? If so how? Were they threatening or violent to police or anyone else?
What is the evidence? What we have are eyewitness accounts (let's take them all at face value) and some video. Look at the facts that we have before us, as we would in court (albeit without cross-examination). Discount absolutely all preconceptions and concentrate on the evidence alone. What did the video or the witness accounts show?
What do you make of it?