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Ian Tomlinson

Comment 22nd July 2010

The Prime Ministers much talked about FREEDOM campaign is useless so long as the decision as to who to prosecute is the hands of the Crown Prosecution Service.  The police should be reuired to place all possible criminal cases before a magistrate as once used to be done as is done elsewhere.  If the magistrate considers a prima facie case exists, as clearly one did in the Tomlinson  and the Mekenze cases, then the officers concerned should be put in front of a jury.  It is up to a jury to decide guilt and innocent, not some civil servant prejudging matters and making decisions it would appear to me in favour of the state police.     I have little doubt if the Tomlinson had dealt with the police officer in the same way, the CPS would have acted and charged him.    Whether more severe charges could have been brought would be a matter of evidence an should have been up to a magistrate to decide and ultimately a jury.  The lesser charge should have been pursued in the interim.  The fact that the CPS allowed six months to elapse so as no assault charge could be brought is in my opinion negligent and outragious.  Those who allowed that to happen should be held accountable.

I am still reeling for the need to shoot an innocent man (Menzies) 8 times in the head and the misinformation put out by the police at the time relating to his actions.

 

My idea is to simply abolish the CPS and introduce a examining magistrates system where officers, defendents and witnesses are all obliged to provide what ever information he/she needs and enpower the magistrate to direct how the police conduct the case.  This works well in Europe and indeed inScotland where the Procurator Fiscal dominates investigations.

 

Why does this matter?

At the moment I and I believe most reasonable people, on the action sof the CPS to date, have no confidence in the impartiality of the CPS or that they will ever mount a meaningful prosecution against armed police or officer engaged in public order incidents should they misbehave.

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