Very Ticked Off With The British Judicial System - So Mad.

[Lavindathar]

Ok, I've waited a while to see how this panned out.Ive brought it up tonight as Ive been talking to him.

In March last year, my friend was driving and was pulled over for a random check. Passing a breath test, the officers stated they were going to search the people and the car, because his passenger was acting suspicious and looking nervous. Nothing was found on either body, but a large quanity of Heroin was found in the glove compartment on the passenger side.

They were both questioned, and both denied knowledge. My fried was then arrested with "possesion of a grade A drug with intent to supply" (it was a LARGE stash).

My mate Marc has clearly stated to the police that he doesn't know where the drugs came from, he doesn't do it, and would never deal it. He now knows it is his friends, who shoved it there trying to hide it.

The case went to court, with Mark as the sole defendant. Although advised to plead guilty, he refused and pleaded innocent. He was found guilty by jury this year on the 1st. His sentencing is on the 31st of this month, and he will his solicitor states minimum of three years.

Ok, firstly this is so wrong its untrue. He's such a nice lad. IMPO, he will get about 8 years. Heroin is by far the worst drug to get caught doing, ESPECIALLY if they think your dealing.

Even though he's told the police it is his friends, as his mate has denied it, they have to prosecute him as he is the driver. Now that is so *expletive deleted* awful. Nobody understands how mad I am. He is going to prison for someone else, he didn't even know he did drugs.

Now, fair enough, they cant prove they were the friends, as he denied it. But they weren't Marks, and it's just a legal loophole that has landed Mark in tons of shit. He's been found guilty of "Possesion of a Grade A drug with Intent to supply". And because its heroin, it's gonna be a major sentence. As I stated, I reckon he's looking at 8 years in High security.

Surely something should have been done.

I'll say this much, as soon as I can drive again, that friend best watch his back, as he won't be able to walk very far ever again, And if the police find something on his body when they find him lying there, I won't be to blame.

[ 01-23-2003, 03:24 AM: Message edited by: Mouse ]

[Cloudbringer]

Lav, you may have been away when Z posted his thread on cussing recently, but he's asked us NOT to use the f-word or any variations such as your title. I'm going to fix it up for you as I think you might be offline now. (All I'm doing is a word change in your title.)

[Leonis]

Sorry to hear this Lav. I hope somehow in the appeal the truth comes to light - this could easily destroy a person. I really hope it gets sorted out asap...

[Cloudbringer]

Lav it's really sad that your friend can't make anyone listen and check out the guy who probably put that stash there. Is there no way he can appeal the decision?

[Borvik]

So much for people telling you, that you have nothing to fear of police/courts/law when you are not guilty...
That's so sad!

[Mouse]

Lavi, if there is no forensic evidence that your mate ever had posession of the stash (fingerprints etc) then he may have a good cahnce of an appeal. Without having seen a complete transcript of the case and any background info I couldn't really comment further.

However, I suspect the police may have had your mate's "friend" under observation and the stopping and search of the vehicle was planned.

I have no reason to doubt your version of the situation, and if that's the way things are, I feel heartfelt sympathy for your mate. A word of advice though DO NOT take the revenge option.

[Grojlach]

Well, I doubt it's the British judicial system who's the main source of this problem... If what you told us is true, those "friends" of your friend are the real jerks in this story for leaving their friend completely on his own because of their crimes.
And I agree with Mouse. [img]smile.gif[/img]

[ 01-23-2003, 03:48 AM: Message edited by: Grojlach ]

[homer]

I feel awful for your friend. This is defiantly a miscarriage of justice. It is extremely unfortunate that the legal systems in our countries are not full proof.

Without knowing you and the kind of person that you are, I wish to make a suggestion. Please do not do anything that will place you in the prison system. This will not help your friend.

[The Hunter of Jahanna]

ok , 2 things, #1 did your friend give the cops permission to search his car?? I know in the U.S. that it doesnt matter if the cops find a baby nuke in the glove box if you didnt give them permisson to look they cant use it to arrest you. The law over there is probably diffrent , but it is worth a shot.

#2 Over here if something is in a car but in "plain sight" then the cops CAN use it against you,i.e. if the bag of heroin was on the dash board where anyone could see it. If there is a similar law over there you might want to return the favor to the guilty friend. Just open up his car, place a large quantity of any drug you want on his dash board, and then call the cops and tell them he was tring to sell it to you. The only down side is that you have to stay at the scene to make a positive I.D. and point out the drugs to the police.

For the revenge angle,there are a few things to say.

#1 Dont advertize you want to beat him. If people know you want him dead they will point the cops in your direction!!

#2 Dont be seen. Make sure you can get him alone, even if you just follow him into the bathroom at the local pub.

#3 Do it right. You get the same jail time for punching him in the stomach as you do for breaking all of his ribs. Assault is assault, so make the most of your legal wiggle room.

#4 If you do it , DONT brag about it. It causes the same problems as #1. Just act shocked when you hear about it.

#5 Deny all allegations. Who will the cops believe? You or a drug dealer?

[Timber Loftis]

Too late for your friend. Any remedial legal action ("no, don't search," etc.) is right out at this point.

If the Brit system is the same as here, it is VERY difficult to appeal on a finding of fact. Was it a jury trial?

Oh, I second the thoughts on maiming the guy, enticing as that sounds. Remember, though, if you challenge him to a fight and he consents it's perfectly legal as far as I know (don't use weapons or the law gets fuzzy - plus I'm an American, so it could be waaayyy different).

But, I suggest you help your friend sue the bastard for fraudulent misrepresentaion or some other such tort.