Home -> Law Blog Directory -> International Law Blogs -> prisonlawinsideout

International Law

: prisonlawinsideout

Judge Khan you owe me a public apology in open court

By John Hirst

Judge Khan you owe me a public apology in open court

I left my house at 8.55am in time to walk into the city centre to arrive at the Crown Court for 9.30am. It was already a heatwave. I didn't need this. I thought of catching a bus. But, I didn't wait for one. As I reached the city centre, bugger me if three in a row didn't pass me!

Guy Richarson, the dog trainer was there. My solicitor had agreed to meet him at 9.45am. She was almost 10 minutes late. I showed my displeasure by raising my left hand and tapping my watch and saying "It must be 10 minutes fast!". Mark George, my barrister, turned up at 10.30am.

It was good to talk.

However, they knew it was not listed until the afternoon. They could have told me, I got up at 6.50am, and was running around like a bluearsedfly! I could have slept in or been on the internet...

The CPS was in a tizzy. The dog trainer's written statement and DVD exposed some of the weakness in its case. Suddenly, they want their own expert assessment. I would have thought they have had plenty of time to arrange that beforehand? In addition, they suddenly realised they were going to argue two opposite positions. That is, Rocky was dangerously out of control, and that he was under control enough to take my instructions to bite and kill the Park Warden!

Then there was talk about dropping the dangerously out of control charge and just proceeding with the assault charge against me. The assault being my telling the dog to bite and kill the Park Ranger.

Then the CPS asked if my barrister would ask my dog trainer witness if he would write something to assist the prosecution...

At 1.pm the jury were told it could stand down. And we had not even got into court yet! I had a nice sausage and bacon sandwich in the market and a large cup of tea.

The case before ours was running late. We were not due in court until after 2.20pm.

The CPS had changed its mind about dropping the charge. No sweat. Well, I was sweating but not out of worry but with the extreme heat. Instead the CPS did not intend to proceed with "evidence" of Rocky's previous bad character. They had been told to prove every allegation and we intended to fight hard on this issue. They backed off. It is now down to just the one incident, his word against mine, and the Police Inspector who was at least 30 yards away in a police car and could not hear the exchange. His statement does not add anything. Bear in mind he was a new brush trying to sweep clean.

When my solicitor went into the park, each witness told her about the vendetta against me by the particular Park Warden.

Yes there was an incident, but not as the Park Warden has stated. I cannot wait to see him under cross examination.

In the court room I was speaking to the media who are following the case. They cannot believe it. It is a PR disaster for the CPS. It's a waste of taxpayers money.

Then I was asked to go in the dock. It was behind a plastic screen, usually used for those in custody, and I could not hear the CPS lawyer mumbling way.

I had asked my barrister, Mark George, to make an application to vary bail conditions to allow me into the park if Rocky was on a lead.

The judge, very inexperienced, in an aside, said "We wouldn't all be here now if the dog had been on a lead in the first place".

When my barrister didn't leap up to correct the judge...

I shouted through the screen, palms out turned, "C'mon judge!".

"Quiet Mr Hirst!" the judge commanded.

"C'mon judge, your honour, you're biased!".

"Quiet Mr Hirst!".

During the police interview, it had been contended that because Rocky was off a lead therefore he was out of control. Just before we went into court my dog trainer told us about a dog that had been on a lead and still bit this child in the face and had to be destroyed.

The prosecution needs more time to try and build their case. The judge thought it would be a good thing if they also had an expert witness. I agree. However, why wait until we put a shot below the water line before deciding they needed one? I despaired, an inexperienced CPS lawyer, an inexperienced judge...

The case was adjourned until 8 August 2008. Bail conditions have been varied so I can take Rocky for his walk in the park, but he must be on a lead.

He couldn't drag me in there fast enough when I returned about 4pm.

I repeat Judge Khan, you owe me a public apology in open court. I trust you are man enough to apologise for your flippant remark?

Full post as published by prisonlawinsideout on June 09, 2008 (boomark / email).