Sunday, 23 November 2008

MY CASE (10) THE END

So I walk back to the car – carrying my blue bag and all of the papers. I was worn out despite the fact that all I had done was wait for the decision.

The Head Master pulls out of the car park – sees me, stops and winds down his window.

He’s done it before you know. It’s bloody ridiculous to see him get off like that. Do you know his history?”

Well, actually I did. I knew what he had, in the past, been accused of, and what the disciplinary reports had said about our teacher. To summarise, let the record show that:

1. After provocation he had attacked a teenager in the school, and had caused some physical injury, although not serious. There had been an internal enquiry, and our teacher was disciplined. The boy did not wish to press charges;

2. He had spat at a child, again after provocation – there followed another internal enquiry – with a caution given to the teacher;

3. On a school trip there had been an altercation and a child (16 years old) had his nose broken – there was circumstantial evidence, which pointed towards our teacher – no one was saying anything and so the matter was dropped.

Our case was the forth incident.

I knew all of this before I went into Court – and had fought tooth and nail for these matters to be hidden from the jury. The Judge decided that they were highly detrimental and that the case should be brought on its facts alone.

So – P Club – the case was not as clean, straightforward as it appeared.

I said to the headmaster that I did know the teacher’s history and could understand why the case had aroused so much emotion.

With that – the headmaster swore and sped off.

I got to my car and drove home.

Another day at the Office.

As for our teacher – his last comments to me were that he was going to have a serious chat with the headmaster - to put him straight - to ensure that his career was put back on track.

Our case is now at an end P Club…..hope you found it entertaining, enlightening and enriching.

Justice in the raw.

22 comments:

Ms. Moon said...

If justice isn't blind, is it justice?

Lost said...

Guessing you relied quite heavily on s.78 of pace then?

boXer girl said...

I feel very let down by this teacher. Sad. But kudos to you, Mr P, for doing exactly what you've sworn to do - fight for your client.

Mr Pineapples said...

Ms Moon - you are spot on - the Judge played by the rules - in fact - so did we all

Lost - yes - it was unreasonable to allow that evidence (so I argued s78) - it was not prior convictions but internal disciplinaries. To allow it would have been tantamount to declaring him guilty right off

BoxerBabe - this is what barristers must do.....good comment

Tamara said...

It must suck being a barrister sometimes. I don't think I could handle it. I'd be an emotional wreck after every case.

You did your best, P. Good on you for that.

MikeP said...

This is probably not the last time he will take out his aggression on his students. If I were his principal, I might consider installing a nanny cam.

Law Minx said...

Could this whole scenario not also go to issues of Bad Character under the CJA 03? Even if it didnt, My word, Mr P, it does sound as if you had quite the struggle on your hands! How do you feel about the case now that you have had some cause to reflect on it?

Make Mine A Pimms said...

Brilliant case. I agree with boxer girl; if someone is acquitted who shouldn't have been, it's not the barrister who got him acquitted that's in the wrong- it's the other side that's failed to do their job properly. Or so says I.

Hope you're well Mr P xxxx

geeklawyer said...

It was the "forth" incident? Yea I seem to remember it being reported in the Edinburgh papers. Some altercation on the train on the bridge as I recall.

What cutting edge advocacy this is.

Did you present a well spult skeleturn argiment to the juje at any point?

I'm sure you earned your £100 fee for that trial.

electro-kevin said...

I can see why you didn't prosecute Knuckles.

Mr Pineapples said...

Tamara....dearest Tamara

It is quite easy to distance oneself from the case and to focus on the evidence. But some folks still find it difficult.

hey MikeP - You can see why the headmaster was so freaked out by him. All the teachers in that school were excellent; the HM had a very difficult job. I couldnt do it.

Minxie - yup - CJA - and the Gateways - I think I covered this somewhere. He had no prior convictions and the Judge went with me.

Pimms - so well put. the other side were just hopeless.

GreekLawyer - P is an English Barrister. Your spelling is Shite.

Kevo - it would have been just too much bleedin' hassle

Mr Pineapples said...

Hey GreekLawyer

Just so we clear a few things up.

I notice that you are now removing my comments from your Blog. That's fine - P can understand that you can give it out - but can't take it.

Not very Barristerial of you.

The Problem P has with you is that He doesnt like folks who put pics of naked children in provocative poses on their blogs or web-stites - and then call it "Art".

That's why P likes to kick your fatt olde Hoarry Arse so often....AND to make fun of you.

You remove this from your blog because you just aint got the balls.

Has that straightened things up for you.

P.s - work on that spelling dear boy

Trubes said...

Strange turn of events Mr P. I really beieved that your client had been set up by a resentful Headmaster. The fact that the other teacher was prepared to say she saw the incident when she didn't, seems to me that she colluded with the headmaster to get rid of him....Hmmm difficult one....Erm I'm still not sure!

Di.xx

P.S. pop over to trubies, there's a little anecdote for your amusement.xx

Vodka Mom said...

Hey Mr. P! I've missed you!!!

monkey said...

well done on your victory P, however i have to say the blame lies with the Head who knowng his background gave the teacher a job.
You have to think that there is no smoke without fire in these situations and when someone has been in 3 or 4 incidens previous, serious questions need to be asked.
In todays systems people like this can not be allowed to slip through the nets so easily, no matter how inocent or quilty. In saying that P you did a grand job in your role its just a shame we have a failing system.

Mr Pineapples said...

erTrubes - I couldnt make out the other teacher. A lot of nonsense mostly - but with some truth in the evidence.

The headmaster wasnt perfect - but was trying to do a good job - trying to be fair and reasonable. Just got a little emotional at times.

Vodka-Mum - P has now visited you.

Monkey - in the main I think the teacher did an okay job - but had a problem with anger. his CV was fine - though there had been a bit of trouble at another school. All systems are flawed.

Vodka Mom said...

I"m here for my kiss.

rocknlaw said...

This teacher sounds like a card, I wonder if he originally trainedas a barrister...

Mr Pineapples said...

hey Vodka Mummy - how brazen of you....to swagger onto P's turf demanding a kiss. how naughty can you be?

Aged-Rocker - the teacher was quite a tough cookie as it happens.

Mr Pineapples said...

Blog Hyjacked Folks

Hyjacked

Mr Pineapples said...

Dave from Rob's Knee

Law Minx said...

Hijacked? I dont understand......