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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 19 Jul 2012, 21:20 
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Dominator wrote:
evo102 wrote:
If you were driving down a road and a mob of youths started blocking the road and lobbing half bricks at your car, what would you do?

Me, I'd put my foot down and get out of there anyway I could.
Sure, just a regular bunch of guys who happened to be in the wrong place at the wrong time. :shock:
To reprint a line I quoted by that was edited out by moderators during the trial, here's what a BBC article reported:
"Mr King, of no fixed address... was driving an Audi A3"

I don't know much about the trial at all, but as Dom says it seems unlikely the people on trial were 'regular guys'.

On a more practical note, I struggle to see how - in the context of disturbances which would make any sensible driver drive very carefully - a car could collide 'accidentally' with three individuals with sufficient force to cause fatal injuries. The probability of a pedestrian dying after being hit by a car is related to the speed of the vehicle impact, being about 10% at 40mph, but dramatically increasing at speeds over 40mph [see this curve]. I've no idea what the evidence in the case was, but I would have assumed that to cause so much damage, the cars would need to have been driven at significant speeds.


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 19 Jul 2012, 21:46 
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derogatory wrote:
To reprint a line I quoted by that was edited out by moderators during the trial, here's what a BBC article reported:
"Mr King, of no fixed address... was driving an Audi A3"

And?

derogatory wrote:
don't know much about the trial at all, but as Dom says it seems unlikely the people on trial were 'regular guys'.

That's pretty obvious from your comments, I wouldn't take much notice of our resident tax exile, they don't have much civil disorder on the streets of Valletta.
derogatory wrote:
On a more practical note, I struggle to see how - in the context of disturbances which would make any sensible driver drive very carefully - a car could collide 'accidentally' with three individuals with sufficient force to cause fatal injuries. The probability of a pedestrian dying after being hit by a car is related to the speed of the vehicle impact, being about 10% at 40mph, but dramatically increasing at speeds over 40mph [see this curve]. I've no idea what the evidence in the case was, but I would have assumed that to cause so much damage, the cars would need to have been driven at significant speeds.

As I said previously if a group of up to 80 individuals, some armed with swords and sticks, are lobbing bricks at you I'm not sure the speed limit would be at the front of your mind.


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 19 Jul 2012, 23:30 
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This situation is a travesty. As black man, I am utterly disgusted with lack of awareness of the black community to themselves being seen more and more as a periah in society. WAKE UP PEOPLE!!!!!


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 20 Jul 2012, 01:05 
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The administrators would like to remind posters that the jury of 8 women and 4 men took only four hours
to find the eight defendants Not Guilty, this was very likely to have a been an unanimous verdict as there
are no reports that the jury was hung and came back and was directed by the judge that he would accept
a majority verdict.

The remarks by the judge after the verdict suggests that he was fully in agreement with the verdict.

This trial took place over several months so the jury must be trusted that they made the right decision in
the circumstances to suggest that the jury got it wrong without knowing all the facts is not acceptable.

The jury system which is the bedrock of the British legal system is preferable to trial by a panel of judges.

There is the problem that a police office broke the rules and failed to disclose matters to the defence is also
another matter as is the injunction that stopped a television documentary being broadcast and press reports
of this but the jury would not have been aware of this development.

We are reluctant lock the thread but will do so if posters do not take care of the remarks they post.

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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 20 Jul 2012, 01:52 
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Come off it admin, juries have been known to get things wrong you know! I haven't been following this case, so have no opinion on it.


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 20 Jul 2012, 06:21 
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dropoutguy wrote:
Come off it admin, juries have been known to get things wrong you know! I haven't been following this case, so have no opinion on it.

And you have got to wonder there is not a corresponding statement on the Tomlinson thread?


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 20 Jul 2012, 08:59 
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I personally don't think that this is a matter of whether the jury were right or wrong. If they were not guilty of murder, which it seems to be the case, then they were not guilty of murder.

But at least someone must be guilty of manslaughter! Why wasn't there this as a lesser charge? Especially if the Judge and prosecutor knew that these technicalities were hampering a 'clean' trial.

Justice has not been done and that is a fact and I would call on the black community to demand justice for the this poor mans family. Whoever was driving the first car should, if justice is to be seen to be done, be recharged with manslaughter.

I would say to the Asian community, that this all started when an innocent black man was gunned down by the police and now justice might not have beeen done because another officer failed to follow correct procedure.

Even though there were white men involved, and from what I was told was the driver of the 1st car (but don't quote me on that), this looks really bad for the other 99% of hard working, decent black folk.


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 20 Jul 2012, 09:15 
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barnardhobbit wrote:
Richard wrote:
barnardhobbit wrote:
I suspect that the Judge never gave the jury an option to find them guilty of Manslaughter where as in the case of Ian Tomlinson death: PC cleared the CPS never gave an option of Murder.
I don't think the judge is allowed to put new charges to the accused in the course of a trial.
Not sure exactly how it works Richard but you often hear of cases were the defendant is found not guilty of murder but guilty of manslaughter.

Not sure if that means they are charged with both to start with but I suspect the judge does have the power to ask the jury to consider both.
I would like to correct my statements above it would seem that the defendants were also found not guilty of manslaughter.

The reports on the BBC and local newspapers did not mention this but the Guardian reported "They [Jury] also cleared them of the lesser charge of manslaughter."


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 20 Jul 2012, 12:21 
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Quote:
This trial took place over several months so the jury must be trusted that they made the right decision in
the circumstances to suggest that the jury got it wrong without knowing all the facts is not acceptable.

The jury system which is the bedrock of the British legal system is preferable to trial by a panel of judges.


Why isn't it acceptable? Having an opinion on something, however wacky, is entirely acceptable as long as it isn't defamatory.

Your argument that this must be a good decision because it was taken quickly seems a little bit odd. I have more respect for people that have obviously thought stuff through.

I can only assume that you suggest that we also defer to the many many miscarriages of justice that we're all too familiar with.

I have no opinion on this case, as I know nothing about it.


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 20 Jul 2012, 14:16 
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This will not have helped the police's case:

http://www.guardian.co.uk/uk/2012/jul/19/birmingham-riot-deaths-police-officer?INTCMP=SRCH

nor, I suspect, impressed the jury.

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Last edited by Andy Foster on 20 Jul 2012, 21:33, edited 1 time in total.

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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 20 Jul 2012, 14:35 
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that link, Andy, is surely in the wrong thread!


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 20 Jul 2012, 21:34 
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Sorry! Corrected. This is the second time recently that my computer has pasted a previous copy request. Odd.

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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 20 Jul 2012, 22:09 
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Birmingham Mail : Jail sentence for man who helped burn car used in Birmingham riots deaths

WMP Press Release : Statement from Chief Constable following trial verdict


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 21 Jul 2012, 21:56 
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Parody about Riots tonight on BBC1 at Hobby City City Hospital on Casualty


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 21 Jul 2012, 23:17 
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Interestingly some in the local community have called for Chris Sims, the WMP Chief Constable to resign and the BBC News story starts with:
Quote:
The chief constable of West Midlands Police should resign over the actions of a detective at the murder trial of eight men, a community leader has said.


The community leader Raj Rattu, from a Handsworth residents' group:
Quote:
We can't say how much of an impact the perjury had on the outcome of the trial, but for an officer to lie - it undermined the whole case. The chief constable is responsible for the actions of all his officers and the accountability has to stop with him as the most senior officer.


Another voice is Derrick Campbell, from Race Equality Sandwell, was more measured and regarding the call for Sims to resign:
Quote:
he would not be calling for Mr Sims to resign but felt there needed to be a "serious look at his ability to continue to do the job that he was selected to do".


On the trial he stated:
Quote:
The police evidence didn't seem concrete enough and serious questions have to be asked of the Crown Prosecution Service (CPS)...It was clear on a number of occasions during this trial it could've collapsed numerous times because the strength of the evidence wasn't there


Link:http://www.bbc.co.uk/news/uk-england-birmingham-18920715

Curiously it appears that both Campbell and Rattu are members of a consultative group for WMP and in the official press release after a meeting yesterday their criticisms don't appear:http://www.west-midlands.police.uk/latest-news/press-release.asp?id=3712

To date calm has remained on the streets of B'ham after the trail verdict, although WMP appear to have asked for 'mutual aid' the term for help from other forces. Even vans from Grampian Police have been spotted, although it is possible this is help for the Olympics after the G4S debacle.


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 21 Jul 2012, 23:45 
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There are a number of comments on this thread about what happened in August 2012, whether WMP lost control; whether the evidence merited a charge of murder / manslaughter and whether the allegation of perjury affected the trial.

It was quite obvious in August 2012 that in Lozells the police were absent and part of the community mobilised in response to "defend" their community. There had been a series of crimes locally before the death in London, which had led to tension between young men from different groups and an attack on the petrol station on Dudley Road the night before - dispersed by the "defenders".

Shortly after the trial started this aspect of the incident was covered in a BBC News story:http://www.bbc.co.uk/news/uk-england-birmingham-17830697

I can understand that after the deaths WMP and other public bodies needed to be seen to take effective action against those who had been arrested hence the charges of murder. What is puzzling is that CPS did not seek alternative charges being laid when the trial started, in particular Death by Reckless Driving.

Three cars, with at least eight males aboard, encounter a "defenders" roadblock. Was their only option to go ahead? All three cars go ahead, yes maybe in a panic, although I have m' doubts.

The allegation of perjury against DCI Tagg is serious. It was clear from the very limited press coverage of the trial that considerable time was taken up by legal argument - when the jury would not be present and so could not be prejudiced by the issues raised. Offering immunity from prosecution for crimes to prosecution witnesses falls under the complex and little used provision known as SOCPA (actually the abbreviation for an Act of Parliament). Such offers must be agreed by CPS at every stage, for the official advice:http://www.cps.gov.uk/legal/s_to_u/socpa_agreements_-_practical_note_for_defence_advocates/


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 22 Jul 2012, 08:02 
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bunnyson wrote:
I can understand that after the deaths WMP and other public bodies needed to be seen to take effective action against those who had been arrested hence the charges of murder. What is puzzling is that CPS did not seek alternative charges being laid when the trial started, in particular Death by Reckless Driving

I take it you mean causing death by dangerous driving, there is no such offence as death by reckless driving.

Two issues there, the CPS seemed determined to get convictions against all eight, death by dangerous driving charges could only have been brought against one or more of the drivers.

Secondly, unlike murder with a charge of death by dangerous driving or for that matter manslaughter (of which they were all also cleared) a defence of duress would be available. Having up to 80 men with swords, sticks and throwing bricks at your car would certainly put you in fear for your life or serious injury.
bunnyson wrote:
Three cars, with at least eight males aboard, encounter a "defenders" roadblock. Was their only option to go ahead? All three cars go ahead, yes maybe in a panic, although I have my doubts.

I would suggest you go to the scene, or look on Street View, and consider if anyone but a stunt driver could rapidly turn there car around in the face of a baying mob and head in the opposite as you are suggesting.

bunnyson wrote:
The allegation of perjury against DCI Tagg is serious. It was clear from the very limited press coverage of the trial that considerable time was taken up by legal argument - when the jury would not be present and so could not be prejudiced by the issues raised. Offering immunity from prosecution for crimes to prosecution witnesses falls under the complex and little used provision known as SOCPA (actually the abbreviation for an Act of Parliament). Such offers must be agreed by CPS at every stage, for the official advice:http://www.cps.gov.uk/legal/s_to_u/socpa_agreements_-_practical_note_for_defence_advocates/

BIB, on a general point, why was there so little coverage in the local media during the twelve week trial? Reporting restrictions? Press and the police agreeing to play it low key in the interests of community relations?


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 22 Jul 2012, 12:53 
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Alleged perjury by the cop, the burning of the car...all of these revelations make the case appear murkier and murkier. Anyone know where any of this now goes?

An interesting point is made about the street layout above. That part of the city I know very well, and making a u turn in an area like that, with its narrow windy streets,especially on a night like that - but infact any day of the year - is not an easy thing to do.

I'm still not shocked by the verdict, as the very nature of the case seems complicated, and involves proof of intent. But it does appear that there is more to this than a simple 'not guilty' verdict, though perhaps we should remember that the defendants have been declared not guilty, and that is exactly what they may well be, even when all the post verdict investigations and benefit of hindsight/ wasn't there comments ( at the scene or at court/ behind the scenes of court) have been made.

Messy, unfortunately, and that will linger in the area - which is something it doesn't need.


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 22 Jul 2012, 14:39 
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evo102 wrote:
bunnyson wrote:
What is puzzling is that CPS did not seek alternative charges being laid when the trial started, in particular Death by Reckless Driving

I take it you mean causing death by dangerous driving, there is no such offence as death by reckless driving.


Correct, my mistake not to check the legislation.

evo102 wrote:
Two issues there, the CPS seemed determined to get convictions against all eight, death by dangerous driving charges could only have been brought against one or more of the drivers.


I didn't want to get too immersed in legal options, but conspiracy appears to have been an option, especially as three cars were involved.

evo102 wrote:
Secondly, unlike murder with a charge of death by dangerous driving or for that matter manslaughter (of which they were all also cleared) a defence of duress would be available. Having up to 80 men with swords, sticks and throwing bricks at your car would certainly put you in fear for your life or serious injury.


Yes, but in the circumstances it was far better that a jury decided.

bunnyson wrote:
Three cars, with at least eight males aboard, encounter a "defenders" roadblock. Was their only option to go ahead? All three cars go ahead, yes maybe in a panic, although I have my doubts.


evo102 wrote:
I would suggest you go to the scene, or look on Street View, and consider if anyone but a stunt driver could rapidly turn there car around in the face of a baying mob and head in the opposite as you are suggesting.


I have been to the location three times; the petrol station is the only open space in the vicinity to have a roadblock. My recollection was that the traffic flow was all one-way at the time.

bunnyson wrote:
The allegation of perjury against DCI Tagg is serious. It was clear from the very limited press coverage of the trial that considerable time was taken up by legal argument - when the jury would not be present and so could not be prejudiced by the issues raised. Offering immunity from prosecution for crimes to prosecution witnesses falls under the complex and little used provision known as SOCPA (actually the abbreviation for an Act of Parliament). Such offers must be agreed by CPS at every stage, for the official advice:http://www.cps.gov.uk/legal/s_to_u/socpa_agreements_-_practical_note_for_defence_advocates/


evo102 wrote:
BIB, on a general point, why was there so little coverage in the local media during the twelve week trial? Reporting restrictions? Press and the police agreeing to play it low key in the interests of community relations?


I asked a journalist that too. Their response was that assigning a reporter for such a long trial, which now only had an impact in the city would not get national interest. Yes reporting restrictions wouldn't help, nor the lengthy legal arguments. It is easy to suspect the local press and agencies agreed to stay-away, although I have m' doubts over an agreement with the police or others, like BCC.


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 27 Jul 2012, 11:00 
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The families of the three dead men held a press conference yesterday and Tariq Jahan acted as spokesman:
Quote:
The community did not let us down. The law however, has. Our sense of disappointment and regret over this verdict cannot be stated in words....


Speaking at a press conference, he said the families were:
Quote:
no longer able to trust the criminal justice system to provide the answers we so desperately need. We have therefore instructed lawyers to review the criminal trial and the events that led to the death of our sons,


Link:http://www.bbc.co.uk/news/uk-england-birmingham-19001053

Whilst the BBC reports on what WMP are doing, there is nothing about CPS trying to explain itself to the local public.


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 27 Jul 2012, 18:17 
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There was a demonstration this afternoon outside WMP Police Headquarters Lloyd House and the Law Courts

Birmingham Post : Tariq Jahan hailed for keeping the peace at Birmingham city centre protest

BBC : Winson Green riot death families hold peaceful protest


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 Post subject: Re: Birmingham riots deaths - not guilty
PostPosted: 11 Aug 2012, 22:03 
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It appears that the families of the deceased have asked for legal advice on what options there are now: public inquiry, judicial review and a referral to the Criminal Cases Review Commission (CCRC).

There are a number of issues around the conduct of the trial itself - notably that the judge was sitting on his first murder case and his background was in commercial law. There are the judge's comments on the SIO committing Perjury, subject of an IPCC supervised investigation and an internal WMP review.

Checking the CCRC website indicates that is not an option, simply as no-one was convicted:
Quote:
Our purpose is to review possible miscarriages of justice in the criminal courts of England, Wales and Northern Ireland and refer appropriate cases to the appeal courts.


Link:http://www.justice.gov.uk/about/criminal-cases-review-commission

A public inquiry similar to the Stephen Lawrence Inquiry (often called the Macpherson Inquiry) is an option, but there are big differences between the cases.

There maybe some anger and a lot of concern locally about the deaths and the trial. What are the views here?


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