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Another reason we have no cash...

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So, the Isle of Man's prosecution department enjoys yet another success - link

After putting this couple through months and months of stress and worry, they simply decided not to bother offering any evidence. Presumably, after months and months of investigation and careful, professional consideration, they realised they didn't actually have a case to make, so dropped it.

It begs the question why the standard of the evidence wasn't fully scrutinised much, much earlier, before thousands (probably tens of thousands) of pounds were wasted with court time, and defence lawyer fees which presumably prosecutions will now have to foot, were built up.

It's a waste of our money, and the court's time, for the prosecution to bring poorly constructed cases before them, make them run for months on end and then, when it comes to the point of arguing the case, just dropping it.

And it's not as if this is an isolated incident.

There is something, or actually someone, very wrong in that department, and it needs examining.

But why should they worry? They don't have to pay the bills, or suffer reputation damage - they can just put any old shit in front of the courts without a care for the outcome. If it fails, or has to be dropped, why should they care?

We should either have a parliamentary inquiry into prosecutions, especially its 'success' rate in concluding contested charges with a guilty verdict, or make the prosecutors pay the bills when they lose.

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Just a failing of the prosecution to get evidence from Facebook really - you know full well what actually occurred :P On the plus side it tells you Facebook won't give up information for crappy little non "crimes", so that's a bonus. 

Edited by Tarne

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I don't see that Facebook would need to give up anything? Surely there was evidence or there was not and this could have been determined early in the process? 

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Maybe Amy's Facebook skillz are better than the AG. 

The person I feel sorry for is the other party who travelled to the Island to the Island at least once to give evidence for the case to be suspended. 

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"...but the case has now been dismissed as the prosecution offered no evidence."

I thought it was customary to not bother with a court case if there was NO EVIDENCE offered?

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12 minutes ago, Declan said:

Maybe Amy's Facebook skillz are better than the AG. 

The person I feel sorry for is the other party who travelled to the Island to the Island at least once to give evidence for the case to be suspended. 

That would be twice then:P

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3 minutes ago, Dale Cooper FBI said:

"...but the case has now been dismissed as the prosecution offered no evidence."

I thought it was customary to not bother with a court case if there was NO EVIDENCE offered?

In the Isle of Man it is customary to take every allegation to court regardless of the quality of evidence or, indeed, whether the charge is lawful under Manx law (rather than stupidly assuming English laws automatically apply here, which honestly does happen).

They seem to hope that the fear of being dragged through the courts will either make the guilty admit it without the effort of evidence being found or the innocent admit it just to get the process over with and stop the public shaming (with regular trips to the court and the accompany media reporting).

When it comes to the crunch and the bully boy tactics haven't worked, or the sheer incompetence becomes clear, they have the advantage of just walking away, offering 'no evidence' and moving on to the next shambles. They don't have to worry about the schedules of the already over burdened courts, the immense cost nor the damage done to the the 'accused' and their families.

And they keep getting away with it, while we keep paying for it.

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8 minutes ago, hagar the horrible said:

That would be twice then:P

No one or more. 

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I may be wrong but the difference may be English law allows damages for wrongful arrest but Manx law does not, perhaps John can enlighten.  This was told to me by a person who was completely innocent and was falsely arrested because of an identification mix up.

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19 minutes ago, censorship said:

And they keep getting away with it, while we keep paying for it.

 

What other cases are there where that has happened?

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This isn't about being arrested, which is the police function. This is about the decision to proceed to charge and begin court proceedings, which is a prosecution function.

Often, being arrested will not become public, if there is no charge made, and can be a necessary step in any criminal investigation to establish the facts. Being under arrest also offers the 'suspect' certain rights. I'm not saying the police don't get it wrong - they do, almost all of the time - but the damage of being arrested, wrongly, and released without charge is minimal when compared to being charged, taken to court, publicly named, becoming the subject of media reporting and social media gossip, suffering the worry and stress of a long and intimidating process and then, after so many months, being told they can't actually make it stack up so are walking away. Not clearing you after the public and needless shaming, just walking away because they have finally realised they don't really have a case.

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7 minutes ago, Andy Onchan said:

What other cases are there where that has happened?

There's quite a few listed in the Death in Police custody thread, although spread throughout the 50 pages so not easy to quickly reference. My favourite remains the Castletown man charged with an offence - some kind of harassment I think - who went through the process for months before the case as reviewed and the prosecution department realised the legislation the man had been charged under was English law and didn't apply here. there are plenty of others.

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2 hours ago, censorship said:

So, the Isle of Man's prosecution department enjoys yet another success - link

After putting this couple through months and months of stress and worry, they simply decided not to bother offering any evidence. Presumably, after months and months of investigation and careful, professional consideration, they realised they didn't actually have a case to make, so dropped it.

It begs the question why the standard of the evidence wasn't fully scrutinised much, much earlier, before thousands (probably tens of thousands) of pounds were wasted with court time, and defence lawyer fees which presumably prosecutions will now have to foot, were built up.

It's a waste of our money, and the court's time, for the prosecution to bring poorly constructed cases before them, make them run for months on end and then, when it comes to the point of arguing the case, just dropping it.

And it's not as if this is an isolated incident.

There is something, or actually someone, very wrong in that department, and it needs examining.

But why should they worry? They don't have to pay the bills, or suffer reputation damage - they can just put any old shit in front of the courts without a care for the outcome. If it fails, or has to be dropped, why should they care?

We should either have a parliamentary inquiry into prosecutions, especially its 'success' rate in concluding contested charges with a guilty verdict, or make the prosecutors pay the bills when they lose.

You a stranger to facebook and lots of previous MF threads then ? You're one sad person.

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1 hour ago, hagar the horrible said:

To the island twice?

I know they visited once; I don't know if there were subsequent visits. 

Amy has returned to Facebook with avengence. 

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