Thursday, 22 July 2010

Whose Law? What Justice? No charges after killing of Ian Tomlinson

A visit to the website of the Crown Prosecution Service reveals their proud slogan "Fair, fearless, effective".  Their announcement today that there will be no charges over the killing of Ian Tomlinson makes a mockery of these pious platitudes. The assault of Ian Tomlinson has thanks to the internet been viewed by millions of us. I am sure it will be shown again today at regular intervals on all the days news programmes. As we watch it we are being asked to believe that there is no case to be answered by the thug that carried out this attack.  We are also being asked to believe that if this attack had been carried out by anyone other than a police officer the same decision would have been taken.  It is a decision which is grossly unfair, exposes the CPS's total lack of courage and displays their incompetency.  Problems which would have never been allowed to compromise any other homicide investigation have been callously used to pervert the course of justice.

Update (13.12)

I have now read the CPS Press statement. The reasons the CPS has given for their decision are:

No Manslaughter charge

Is justified because "there is a sharp disagreement between the medical experts" with the original pathologist, Dr Patel reaching different conclusions from two other pathologists who carried out subsequent postmortems. They concluded that Dr Patel's conclusions that Mr Tomlinson had died from natural causes made a prosecution impossible.  They however make no reference to  Dr Patel's current appearance before the GMC charged with conducting not one, not two, not three, but four other autopsies incompetently.

Obviously we need to await the GMC finding in this case.   However the findings are likely to be relevant to Dr Patel's credibility as a witness. 

Having waited so long to make a decision couldn't the CPS wait a few more days in the hope that the main hurdle to a successful prosecution is removed by the GMC?

No Assault Charge

Apparently you have according to CPS guidelines charge someone with assult within six months.  They are satisfied an assault took place buts opps its to late to charge the thug ... oh dear!!

Further Update (13.28)

This is from the Guardian earlier this month concerning the credibility of Dr Patel on which the CPS has made its decision today

FFS couldn't even a CPS lawyer see there may have been a way to challenge his credibility in court?

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