Miscarriages of justice.
A common shout but it is a two way thing with the criminal having the advantage why?…because of our stringent law.. I have no better solution than maybe bringing in the "common sense act"…let me explain.
I was with others on patrol in central London, Berkley square now I think of it…when we saw two lads who looked out of place in the area at that time of night (stereotyping…you bet!!). So we decide to speak to them…As we stopped and I get out, one of the lads is off like a jack rabbit..and I am off after him…he is a lot younger than me but I can control my adrenaline better, and if I can keep with him for the first 200 metres he will get adrenaline fatigue and slow right down.
As we run up the street I can see he has a shopping bag and he throws it hitting a parked car..a mini I recall this as it set of the car alarm…Up the street turn left, down the street, I am 20 metres behind, he turns right, ..i turn right…gone…ah he has run out of juice and gone to ground!! look under nearest car…”Ok!.. pant…out you come... pant gasp!!…yeah pant!..splutter.... pant!.. yeah ok! don’t pull”. He stands up and I grab him and cuff him we both stand there for a second and get our breaths back…I search him checking for weapons and find some cannabis. Your nicked son I say. You know the caution do you. He recites it to me…been in trouble before then??? We both chuckle at my sarcasm. as we walk back to the place he ran from, he says to me "I’m right in the shit they are gonna cut me"…sorry I say?? "when they find out they are gonna cut me", I remind him he’s under caution and we get to the car. In the bag there is 6 huge slabs of cannabis resin I further arrest him for possession with intent to supply, and he shakes his head saying "this is bad man I’m gonna get cut".
We go back to the nick and book him in. by the time he gets a brief he makes a no comment in interview and he is then charged. I oppose bail as he has failed to appear on eight previous occasions and has 17 convictions for drugs, 2 for burglary and 3 for robbery….the custody sergeant asks the brief if he wants to argue. he says no thanks my client is more than happy to be in custody…I ask him why and the brief just says ..he feels safer with you.
So the case goes to crown court as he has gone not guilty. And the jury is in place …I am first on and give my evidence..no problems and then his barrister asks the judge to have a request made regarding a point of law…the jury are sent out and then the barrister asks me again about the point that his client allegedly threw the bag and the time it took to come back and pick it up… we agree on about 4 minutes until a police officer is with it and another two till I get back to it …he makes a case that his client indeed did throw a bag but the bag he threw contained pornography mags,.. playboy, mayfair that sort of stuff and was embarrassed to be found with it …that’s why he ran…and indeed the bag we picked up was not in fact the one we threw…there was 4 minutes where his clients bag was laying there ..anyone could have picked it up and indeed ignored the bag that was in fact already abandoned there by some one else, the one that had the drugs in it!….we could not prove beyond reasonable doubt that the bag he threw was the bag we picked up (we had established that the fingerprints were too smudged to prove they were his and DNA was not around) therefore he said to the Judge "the prosecution cannot prove the case and my client should be set free".
The judge thought for a bit and asked me did any officer stay with the bag when he first threw it…no says I “one was helping me the others were chasing the other lad”
“In that case said the judge I have no option but to dismiss the case” “next time officer it would be advantageous if someone is able to say that the object in question was in sight of police at all times” he turned to the young lad who was grinning from ear to ear. You are free to go young man…Huh hum! went the clerk of the court. There is another matter your honour. Mr X was also charged with possession of cannabis which he has already pleaded guilty and awaits sentencing…judge looks at the sheet and says “well young man seeing as you were remanded we will call that time served and you can go”…
Outside the court I am stood talking to someone and the lad comes up to me and says “that was a result I cant believe the old wanker believed that story you must be gutted”.. “I was gonna cop a plea, glad I listened to the brief..you must be well gutted mate…I turn “weird old system eh! what would you have done if he didn’t go for it”…”we woz gonna say that you fitted me up”. I laugh and say what? with 6 slabs of resin?? Bit much” …”yeah but we would have given it a run”. Where you off to now …I am off up north..the guys from the night club want to give me a kicking for losing their stuff so I have to keep me head down…see ya!!

































































































































































































