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Dalian Atkinson dies after police tasering...



Acker79

Well-known member
NSC Patron
Nov 15, 2008
31,921
Brighton
Almost 5 years to bring this matter to court.???????


Why ?

The justice system is underfunded, from police through the CPS to courts themselves. Police are understaffed and investigating crimes suffers. CPS are understaffed and processing cases suffers. Courts are closed limiting spaces for cases to be heard. TThere was already a backlog of cases before Covid hit.

I suspect, since this involves death by police, there would have been complications investigating - internal reviews and such.

[tweet]1371030786573471744[/tweet]

(full thread from here: https://twitter.com/BarristerSecret/status/1371030760501747712)
 






Wardy's twin

Well-known member
Oct 21, 2014
8,867
Been years since I did this, but I'm pretty sure there doesn't have to be intent to kill, just intent to harm. So If I punch someone, clearly meaning to harm them a bit, but they fall badly and die, that's murder.

So I'm taking from that the officer is accused of using his taser outside it's normal use to try to harm Dalian. Unluckily for both, he had an unforeseen reaction to it, or fell badly

Surely circumstances must come into it. For example if I go out looking for a fight and punch someone without provocation who subsequently dies must be worse and considered differently to say 3 people attack me without reason and in my defence i punch one one who then dies. My intent when i punched him was to stop him.
 


marlowe

Well-known member
Dec 13, 2015
4,295
The justice system is underfunded, from police through the CPS to courts themselves. Police are understaffed and investigating crimes suffers. CPS are understaffed and processing cases suffers. Courts are closed limiting spaces for cases to be heard. TThere was already a backlog of cases before Covid hit.

I suspect, since this involves death by police, there would have been complications investigating - internal reviews and such.

[tweet]1371030786573471744[/tweet]

(full thread from here: https://twitter.com/BarristerSecret/status/1371030760501747712)

The civil courts are quite prepared to take your money for court fees to bolster their lack of funds and then they find excuses and technicalities to deny you your right to a hearing. I know a couple of people this has happened to recently.

It's also a really good time for defendants' solicitors to make last minute applications to have cases dismissed for dubious reasons. In the two cases I know about this is what happened. Of course the solicitors did not make their applications for dismissal early as that wouldn't have been in their intetests but imstead waited until they had run up a sizable bill on legal fees.

The legal industry just looks after its own interests. The interests of justice don't even come into it.
 


Perfidious Albion

Well-known member
Oct 25, 2011
6,368
At the end of my tether
I must have somehow missed this thread when it started, or so long ago I had forgotten. I read of this trial this morning . Where? Buried in ceefax sport pages, because he was a player.
Why are the media not jumping all over this? Never mind George Floyd, this happened in our own back yard . This ought to be headline news with a full enquiry to follow to ensure it does not happen again .
I cannot pre judge the trial but what I have read is pretty damning of the officers.
 




Thunder Bolt

Silly old bat
The civil courts are quite prepared to take your money for court fees to bolster their lack of funds and then they find excuses and technicalities to deny you your right to a hearing. I know a couple of people this has happened to recently.

It's also a really good time for defendants' solicitors to make last minute applications to have cases dismissed for dubious reasons. In the two cases I know about this is what happened. Of course the solicitors did not make their applications for dismissal early as that wouldn't have been in their intetests but imstead waited until they had run up a sizable bill on legal fees.

The legal industry just looks after its own interests. The interests of justice don't even come into it.

Legal Aid has been cut back and cut back again. Solicitors make no money out of criminal law.

Austerity has been the excuse for closing 50% of Magistrates courts, 21K police, reducing the CPS by 60%, privatising the Probation service (which had to be retaken) etc etc
 


happypig

Staring at the rude boys
May 23, 2009
8,171
Eastbourne
Surely circumstances must come into it. For example if I go out looking for a fight and punch someone without provocation who subsequently dies must be worse and considered differently to say 3 people attack me without reason and in my defence i punch one one who then dies. My intent when i punched him was to stop him.

Defence of self or another is a valid reason for punching someone so, in those circumstances, it would be unlikely to ever get to court.

Legal Aid has been cut back and cut back again. Solicitors make no money out of criminal law.

Austerity has been the excuse for closing 50% of Magistrates courts, 21K police, reducing the CPS by 60%, privatising the Probation service (which had to be retaken) etc etc

Exactly. Court closures mean victims/witnesses have to travel further and wait longer; far too often they don't bother turning up and the prosecution case falls apart; would you do a 2 hour/2 buses journey from Heathfield to Brighton to be a witness to an event that happened over two years ago ?
 


marlowe

Well-known member
Dec 13, 2015
4,295
Legal Aid has been cut back and cut back again. Solicitors make no money out of criminal law.

Austerity has been the excuse for closing 50% of Magistrates courts, 21K police, reducing the CPS by 60%, privatising the Probation service (which had to be retaken) etc etc

The cases I was referring to were both civil. In both those cases the Plaintiffs were denied hearings on the basis of proportionality (costs of hearing the claim). In both those cases the defendants' solicitors' fees were higher than the original amounts being claimed by the Plaintiffs.

The Defendant then unsuccessfully applied to get the Plaintiffs to pay the Defendants solicitors' fees on the basis that their Claims had been dismissed even though they had not been judged on their merit as they had been denied hearings because of "proportionality".

The only people who won were the solicitors. The Plaintiffs were denied the opportunity to have their claims heard and pursue their claims. The Defendants were saddled with legal bills which were in excess of the amounts being claimed against them. It would have been cheaper for them to have simply settled out of Court instead of hiring solicitors whose only tactic was to use technicalities rather than arguing on the basis of any merit of the strength if their case which of they knew they did not have.
 




Is it PotG?

Thrifty non-licker
Feb 20, 2017
25,454
Sussex by the Sea
https://news.sky.com/story/dalian-atkinson-police-officer-guilty-of-manslaughter-of-former-professional-footballer-12333827

DA.JPG
 


Albion my Albion

Well-known member
NSC Patron
Feb 6, 2016
19,657
Indiana, USA
Dalian needed to have a thicker skin than that.........................oh, tasering, sorry,
 


Thunder Bolt

Silly old bat






Harry Wilson's tackle

Harry Wilson's Tackle
NSC Patron
Oct 8, 2003
56,110
Faversham
Manslaughter, when he was tasered for six times the normal length of time, and then kicked twice in the head?

I get you. That said, in his line of employment even a short prison sentence would finish his career. A career as a bouncer may await him when he comes out, albeit he may not be quite so 'effective' if denied the use of weapons.
 










rippleman

Well-known member
Oct 18, 2011
4,988
The Establishment protecting the Establishment...yet again.

The maximum sentence for manslaughter is LIFE. This is no more than a slap on the wrist.

The copper kicked him in the head AFTER tasering him multiple times and for far longer than he should have.

I'm disgusted. How must Dalian's family be feeling? Not really justice at all is it?
 


happypig

Staring at the rude boys
May 23, 2009
8,171
Eastbourne
The Establishment protecting the Establishment...yet again.

The maximum sentence for manslaughter is LIFE. This is no more than a slap on the wrist.

The copper kicked him in the head AFTER tasering him multiple times and for far longer than he should have.

I'm disgusted. How must Dalian's family be feeling? Not really justice at all is it?

I was astonished that he got off the murder charge. I was talking to a Crown Court Judge about the difference between Murder and Manslaughter after I sat on a murder hearing (this was in the days when mags could give bail for it) and he said "If someone is on the ground and you continue to attack them, then your intention is that they shouldn't get up and, if they die, it must be murder".
 






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