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Ian Tomlinson CPS verdict: "no realistic prospect of conviction"

The CPS lawyer who made the decision was the same one who decided no officer should face charges for the shooting dead of Jean Charles de Menezes by police who mistook him for a terrorist. That shooting happened five years ago yesterday.

Nice
 
You can't tell me the mainstream media isn't run by and written by the mid to upper bourgeoisie with certain interests at heart- that doesn't mean we are powerless. Just that our voices aren't the ones given prominence. Even its workers berate it (see Flat Earth News) as a useless vehicle for hysteria and vested interests.
 
You can't tell me the mainstream media isn't run by and written by the mid to upper bourgeoisie with certain interests at heart- that doesn't mean we are powerless. Just that our voices aren't the ones given prominence. Even its workers berate it (see Flat Earth News) as a useless vehicle for hysteria and vested interests.

I don't want to tell you that, i've no interest in telling you that. Why are people obsessed by this? There is no single discourse - people take and make what they want from all sorts of places. They turn what the mirror says into what they think the mirror says (it's a great left wing 1945 paper) - there is no discourse that people buy into or don't. Forget this media bollocks - if you buy into that you buy into the idea that we're all thick and are told what to do. Which you know is wrong.
 
The IPCC managed to investigate and hand over their findings within 4 months (April to August 2009). It's seemingly taken the CPS 12 months to decide what to do with those findings. Am I missing something here? Why the delay?
 
The IPCC managed to investigate and hand over their findings within 4 months (April to August 2009). It's seemingly taken the CPS 12 months to decide what to do with those findings. Am I missing something here? Why the delay?

Would i simply be informing you of the relevant facts if i told you why my view was law for you and everyone for ever you worthless cunts - or offering a view on how someone might take hqt time to reach that conclusion?

The timing is interesting.
 
it isn't that we are thick and do what we are told, it is that they write the fucking news and they make the orthodox take on history. I'm still having to correct people over the smears n jeers wrt the Tomlinson debacle today simply because some folks think the big sheets are worthy sources. Now that isn't calling people thick, it is pointing out that some give undue prominence to what the papers say because the discourse of public life is so often 'helped' along by these journos.

Despite the helthy 'newspapers are full of shit' attitudes I encounter the debates are framed by the articles and it is only once the bollocks has ben dismissed that we get to the meat of the issues. Every fucking time I talk shop with mates or randoms we get the 'joy' of moving past the media angle first. As I said, they frame the debate.
 
That only works if you think people are thick and believe what they see on the news, No fucker even watches the news. That twat up in the ne should have cured you of this idea if not real life.
 
Would i simply be informing you of the relevant facts if i told you why my view was law for you and everyone for ever you worthless cunts - or offering a view on how someone might take hqt time to reach that conclusion?

The timing is interesting.

"Curiouser and curiouser!" "I don't believe there's an atom of meaning in it" "You're nothing but a pack of cards!" <<< As you know, quotes from Alice Through The Looking Glass.

There is that weird Alice-type feeling of distortion about this. I've watched and rewatched the footage of him being batoned and violently shoved for no apparent reason. The IPCC managed to get their investigation done relatively smartish. Then nothing seems to happen for a year ... Keir, you're a QC and Director For Public Prosecutions. Is this normal? How long do the CPS usually take to manage high profile IPCC investigated cases?
 
Is it not time we asked do we need The Police? For myself the death of Ian Mr Ian Tomlinson on 1 April 2009, will never be forgotten, we can never seek justice from such a rotten corrupt system there seems little if no point in asking, as Anarchist and activist we need to over come our own apathy and act, not only in support for The family Mr Ian Tomlinson, but also for those who have been MURDERD BEATEN BATERD by The Metropolitan Police force over the years let not our anger fade this time round, the winter of discontent is only a petrel bomb, stones throw away are we prepared to take now or stay the same?
 
Is it not time we asked do we need The Police?

Who's going to ask that? You and three other people I expect.

as Anarchist and activist we need to over come our own apathy and act, not only in support for The family Mr Ian Tomlinson, but also for those who have been MURDERD BEATEN BATERD by The Metropolitan Police force over the years let not our anger fade this time round, the winter of discontent is only a petrel bomb, stones throw away are we prepared to take now or stay the same?

When are you going to realise that this sort of rhetoric helps no one and that literally no one listens to it? Are we prepared to take what now? The state? Don't make me laugh, you can have these wank fantasies all you like but they aint gonna come true without public support and you aint gonna get public support by talking about throwing petrol bombs all over the place and banging on about your 'anarchist' credentials. By the way fuck you and your 'apathy' bollocks, people are angry about this, me included, but speaking in rhetoric that's older than you are isn't going to help matters is it? Or maybe you really think it will?
 
Just watched his family on TV. The saddest thing of all this was hearing them say they don't have the money to pursue a civil prosecution. This is the end of the matter because they are not rich. That says everything about this case. I am not surprised but I am disgusted.
 
Who's going to ask that? You and three other people I expect.



When are you going to realise that this sort of rhetoric helps no one and that literally no one listens to it? Are we prepared to take what now? The state? Don't make me laugh, you can have these wank fantasies all you like but they aint gonna come true without public support and you aint gonna get public support by talking about throwing petrol bombs all over the place and banging on about your 'anarchist' credentials. By the way fuck you and your 'apathy' bollocks, people are angry about this, me included, but speaking in rhetoric that's older than you are isn't going to help matters is it? Or maybe you really think it will?

Either is that anger unless you do something with it, you know re wank fantasies for some your right, but fact is you know fuck all about myself and where i would stand on The Barricades far far far more than just some fucking wank fantasist and just as a by the way one is 45 years old been active from the age of 15 see here for the full rant..
 
http://www.guardian.co.uk/uk/2010/jul/22/ian-tomlinson-g20-cps-ruling

But a direct challenge to the CPS also emerged last night from Dr Nat Cary, the second forensic pathologist who examined Tomlinson's body. He told the Guardian prosecutors made a factual error in dismissing a charge of actual bodily harm.

He said his report contained clear evidence that Tomlinson suffered injuries sufficient to support an ABHcharge. The CPS dismissed the injuries as "relatively minor" and thus not enough to support a charge of ABH in its written reasons given to the family.

Cary, speaking for the first time about the case, said: "I'm quite happy to challenge that. The injuries were not relatively minor. He sustained quite a large area of bruising. Such injuries are consistent with a baton strike, which could amount to ABH. It's extraordinary. If that's not ABH I would like to know what is."
 
Looking more like a CPS stitch up than IPCC atm, then. That is interesting.

"It's extraordinary. If that's not ABH I would like to know what is." - absolutely. d-b didn't respond on that point several pages ago.


Just watched his family on TV. The saddest thing of all this was hearing them say they don't have the money to pursue a civil prosecution. This is the end of the matter because they are not rich. That says everything about this case. I am not surprised but I am disgusted.
Had the slight feel of a planted Q&A. I hope the ubiquitous 'wealthy individual who wishes to remain anonymous' does pipe up because they really deserve and need their day in court.
 
'we' allowed nothing. They control the discourse, you know that.

No they attempt to limit the available discourses; but you are evidence of our ability to resist, subvert and escape those limits. Discourses can determine but not as forcefully or as much as I used to think; which is a good thing.
 
....

Although it has been decided he will not face criminal charges for striking Tomlinson it has been disclosed that the police watchdog, the Independent Police Complaints Commission, backed a prosecution for manslaughter.

Pc Harwood left the Metropolitan Police a decade ago amid controversy over an alleged off-duty road rage incident, then got a job with Surrey Police, where he was accused of using excessive force.

He could now face disciplinary charges over the death of Mr Tomlinson, and could also be the subject of an internal investigation by the Met into how he was allowed to rejoin the force despite having an unresolved disciplinary matter on his record.

The married 43 year-old had been due to face a misconduct hearing over the alleged road rage incident, understood to have happened in the late 1990s, but instead retired on medical grounds.

A few years later, the father of two rejoined the Met as a civilian computer worker before applying to Surrey Police for a job as a police constable in May 2003.

A spokesman for Surrey Police said: “He applied to become a Pc with us in 2003. Following our vetting procedure, liaising with the Met Police and passing a medical examination, he was accepted.

“He was full and frank about his history.

“Surrey Police had no concerns at the time and he followed the standard procedure for everybody.”

Pc Harwood spent a year and half working in Surrey before applying to be transferred back to the Met in the autumn of 2004. However, during his time at Surrey he faced a complaint about his alleged behaviour while on duty.

The force spokesman said: “There was a thorough internal investigation and the claim was subsequently found to be unsubstantiated and no further action was taken.”

Pc Harwood returned to the Met in November 2004, but it is unclear whether the force was aware of the previous misconduct procedure, or whether there had been a failure in its vetting process.

By the time of the G20 protests last year, Pc Harwood was working with the Met’s territorial support group (TSG), which provides an immediate response to spontaneous disorder anywhere in London.

Dressed in a bright yellow reflective jacket, black uniform and helmet, Pc Harwood’s identity number was covered up and he had a scarf across the lower part of his face.
http://www.telegraph.co.uk/finance/...-faced-two-previous-aggression-inquiries.html
 
I'm really not surprised by any of this, disgusted but not surprised. The establishment pretty much always looks after it's own. They also probably calculate that they'll need all the mindless muscle they can get if the shit really does hit the fan with all the spending cuts and suchlike. Best not alienate the police eh?
 
yeh. 'nothing to see here' sort of thing

After a quick look it would appear that the CCTV in this area was working and they do have footage (although im sure i remember reading that due to some legal ruling or other they would have to be turned off?)

The IPCC Commissioner for London Deborah Glass said CCTV footage showed police officers refused to let Mr Tomlinson through a cordon opposite the Bank of England, prompting him to walk around the corner into Royal Exchange Passage.

She said: “A number of witnesses have described seeing him there, getting caught up in a crowd and being pushed back by police officers.

“This is the aspect of the incident that the IPCC is now investigating.”

The IPCC said CCTV footage taken later of Mr Tomlinson walking back onto Cornhill before collapsing, did not show him trapped inside a police cordon.

Investigators have also examined statements and police records and spoken to independent witnesses.

http://news.bbc.co.uk/1/hi/england/london/7987616.stm
 
From the video none of these things were happening. The situation didn't seem particularly tense and he was walking away. The police officer stepped in and aggressively pushed him over as he was walking away. Have a look at the video again, where is there any evidence for using any force whatsoever?
The point is the video did not show the 30 secs / 100yds prior to the use of force - it started pretty much with it. So NONE of us know what happened. I am not saying that any particular thing happened in that 30 secs / 100yds we haven't seen / heard about, I am simply pointing out that things could have happened that may have amounted to justification for some use of force (in response to someone (you I think) specifically asking me what possible justification could there be ...). And I have repeatedly said that the plain comment by the CPS to the effect that the use of force amounted to an assault (and thus was not in their view lawful) very strongly suggests that there was nothing in that period that did amount to justification for the level of force we saw used (albeit it doesn't necessarily mean that they believed there was no justification for any use of force. The situation is not simplistic and clear cut. The video clip, starting only a second or two prior to the use of force does NOT provide the entire story (any more than the video of someone punching someone really hard would show the whole story if it didn't include the pushes and threats of use of a weapon which preceded it ...).

Firstly you don't seem certain of this. Secondly the investigation would almost certainly have thrown up new facts. I would like to know for certain whether a conviction of common assault (which everyone seems certain would happen), would mean that a greater charge could not have been brought later, even if new facts came to light.
That's because I'm not a lawyer. I know enough to know that the issue would arise. I do not know enough to provide a legal opinion on what the outcome of consideration of it would be. Entirely new facts coming to light subsequently would enable alternative charges to be laid (e.g. there are cases in which an ABH charge led to a conviction and when the victim died a few weeks later manslaughter or murder was proceeded with successfully) ... but I am not at all sure there are any significant new facts which were not known at the six month stage.

Perhaps one reason it hasn't been changed is because it is in the interests of the establishment not to.
How so? Surely it would be in the interests of the establishment to prosecute the riff-raff no matter how long after the event it was?

On medical evidence you are still speculating, you don't know anything for sure.
I have never said I do. (Unlike you who quite happily speculates that things you don't know are actually what you would like them to be). I have explained at length how the opinions of the second and third pathologist would inevitably be reliant on some of the findings of the first and, hence, how it would be inevitable that the first would be called and, hence, how the jury would be presented with the disagreement in findings and, hence, would be far less likely to be able to reach a conclusion beyond reasonable doubt.

I may not be a medical expert but I am an expert at putting together the evidence (including medical evidence in cases where pathologists disagree) for a criminal prosecution. Perhaps you would like to share the details of YOUR experience that gives you the confidence to tell me I am talking bollocks.

But I strongly suspect that the conclusion was politically motivated.
Having dealt with the CPS since they were invented I believe that the absolute opposite would be the case - they would have been absolutely thorough in ensuring that if there was a hope of reaching their threshold they would do so. But the fact that it is an administrative decision, made behind closed doors means that people will never believe that and will perceive it as an establishment cover-up ... which is why I suggest we need a Grand Jury style hearing at which such decisions can be tested in open court, with live evidence and cross-examination.

The evidential test is, as you say, very subjective and it also suffers from the fact it is based on paper evidence (i.e. statements) - any investigator will tell you there is a world of difference between a written statement and what a witness eventually says (and, more importantly, how they say it and how it comes across) in Court.

You seriously couldn't make this up. A hand gun and taser feel and look entirely different ...
No, they don't (usually, and at least in the UK, though both come in a wide variety of styles, especially handguns). But who's speculating now? And thanks for using an example from California to demonstrate how shit the UK police are ... :rolleyes:
 
A use of force might be considered police using their power to arrest someone and handcuff them. Id say violently shoving someone over falls outside this use of these weasel words.
A lawful, reasonable, necessary and proportinate use of force can be absolutely anything, from a slight touch to knowingly killing someone. Violently pushing someone (with or without any foresight that they would be likely to fall over) could be a lawful, reasonable, necessary and proportionate use of force in a wide range of circumstances. To simply look at the act and decide whether or not it is lawful or not from that alone simply demonstrates your ignorance of the law.

2) He didn't fall over, he was shoved over unexpectedly from behind. He had his hands in his pockets and landed partly face first
Why do fuckwits concentrate on the use of the word "fall". It isn't mutually exclusive with there being a push - the fall is clearly directly the result of the push. Use of the word fal to escribe what happened after the push does not imply any suggestion that it was nothing to do with the push. Only an obsessive fuckwit, looking for issues where none exist, would think otherwise ... :rolleyes:

3) A one foot fall can fracture your skull - and yes he didn't die from a fractured skull, but you can't trust to retrospection.
Yes, but that was not my fucking point was it? 99 times out of 100 a push does not lead to a fall and 99 times out of 100 a fall doesn't lead to a fractured skull. It would not be a "reasonably foreseeable" outcome in the circumstances which existed. (And before you go off on one, this is NOT the same as saying that if it did there would be no liability - there obviously would).

So the police can shove anyone over with a medical condition similar to his own and should they die say, "well actually, he might have died that day because of condition x, and you can't prove this wouldn't have happened beyond reasonable doubt."
No. That is not what I said at all. It is not a reasonable conclusion to draw from what I said. Why don't you actually concentrate on what I post instead of making things up ... :rolleyes:


Id rather not live in a world like that, call me odd, but you know...:(
And I'd rather not live in a world where if someone died as a result of something entirely unconnected with anything I had done, I would be held responsible just because I happened to be there / have done something. As would you ... I can hear you squealing about the injustice now if the Old Bill started prosecuting people from any class that you happen to support in such circumstances ...
 
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