THE driver of a vehicle which collided with a teenage cyclist in St Martin in 2020 is asking for proceedings against her to be halted, saying it would be impossible to get a fair trial.

Julia Strachan, of Rue de Flicquet in St Martin, denies causing serious injury while driving a motor vehicle without due care or attention.

In the Magistrate’s Court this week she said that there had been an abuse of process by the prosecution and the case should be discontinued.

On her behalf, Advocate Howard Sharp argued that Mrs Strachan could not receive a fair trial because the Crown had failed to fully disclose information when the defence had asked for it.

This meant that he could not provide a full defence, the advocate said.

He accused the prosecution of conducting a ‘war of attrition’ in allegedly failing to hand over requested documents or allowing a defence expert to examine the bicycle.

He also said that Mrs Strachan could not be fairly tried because the Attorney-General had previously decided three times that she should not be prosecuted.

‘After three times, both Mrs Strachan and the wider public are entitled to think that the matter has been closed,’ he argued.

Advocate Sharp also argued that the report of an accident investigator, put forward by the Crown, should not be allowed as evidence because the author ‘had been acting not as an expert witness but as prosecution advocate’.

He questioned why an initial report by another police accident investigator, who had identified glass and a bicycle scuff mark in the middle of the main road at the junction where the accident had happened, had not been included as evidence.

The lawyer argued that the Crown had decided to prosecute last year due to ‘speculation and pressure from the boy’s family’.

For the prosecution, legal adviser Francis Burak said that an abuse-of-process application was one of last resort to be used in only in exceptional circumstances.

‘There has been no breach of duty and even if a breach has been found, these are matters that should be dealt with during the trial.

‘And even then, a fair trial is possible,’ he said.

Mr Burak argued that the reason the prosecution had changed its mind was new evidence which suggested that Mrs Strachan had been accessing her phone at the time of the crash. He added that the scuff mark on the road had been discounted because it was not at the right angle to make it relevant to this accident.

However, he also said that scuff marks had been identified on the boy’s bike, a revelation made during this week’s hearing which Advocate Sharp said he found ‘shocking’.

‘You should not have to force a prosecutor to disclose information,’ he said. ‘It has taken this whole process today to get one relevant piece of information.’

Mr Burak defended the report of the accident investigator, whose evidence is being used by the prosecution; however, he conceded that the officer had ‘gone too far’ in some instances, by stating conclusions with certainty when they were opinions.

This is why the Crown was applying to amend the report before any possible trial, he said.

However, he added that the rest of the report was robust and it was always proper for an expert to explore possibilities.

The day-long hearing was before the Magistrate, Bridget Shaw, who said she would present her decision as to whether there had been an abuse of process or not on Friday 10 March.

https://jerseyeveningpost.com/news/2023/03/01/driver-who-collided-with-cyclist-says-fair-trial-is-impossible/

Does the phrase ‘stitch up’ spring to mind here?

…failing to allow a defence expert to examine the bicycle

…Attorney-General had previously decided three times that she should not be
prosecuted

…allegedly, an accident investigator ‘had been acting not as an expert
witness but as prosecution advocate’

…a bicycle scuff mark in the road ‘not included in evidence’

…evidence from a police accident investigator had not been included

…the defence advocate stated ‘You should not have to force a prosecutor to
disclose information,’ he said. ‘It has taken this whole process today to
get one relevant piece of information.’

The Magistrate, Bridget Shaw, said she would present her decision as to
whether there had been an abuse of process or not on Friday 10 March.

One awaits this decision with interest.

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> THE driver of a vehicle which collided with a teenage cyclist in St
> Martin in 2020 is asking for proceedings against her to be halted, saying
> it would be impossible to get a fair trial.
>
> Julia Strachan, of Rue de Flicquet in St Martin, denies causing serious
> injury while driving a motor vehicle without due care or attention.
>
> In the Magistrate’s Court this week she said that there had been an abuse
> of process by the prosecution and the case should be discontinued.
>
> On her behalf, Advocate Howard Sharp argued that Mrs Strachan could not
> receive a fair trial because the Crown had failed to fully disclose
> information when the defence had asked for it.
>
> This meant that he could not provide a full defence, the advocate said.
>
> He accused the prosecution of conducting a ‘war of attrition’ in
> allegedly failing to hand over requested documents or allowing a defence
> expert to examine the bicycle.
>
> He also said that Mrs Strachan could not be fairly tried because the
> Attorney-General had previously decided three times that she should not be prosecuted.
>
> ‘After three times, both Mrs Strachan and the wider public are entitled
> to think that the matter has been closed,’ he argued.
>
> Advocate Sharp also argued that the report of an accident investigator,
> put forward by the Crown, should not be allowed as evidence because the
> author ‘had been acting not as an expert witness but as prosecution advocate’.
>
> He questioned why an initial report by another police accident
> investigator, who had identified glass and a bicycle scuff mark in the
> middle of the main road at the junction where the accident had happened,
> had not been included as evidence.
>
> The lawyer argued that the Crown had decided to prosecute last year due
> to ‘speculation and pressure from the boy’s family’.
>
> For the prosecution, legal adviser Francis Burak said that an
> abuse-of-process application was one of last resort to be used in only in
> exceptional circumstances.
>
> ‘There has been no breach of duty and even if a breach has been found,
> these are matters that should be dealt with during the trial.
>
> ‘And even then, a fair trial is possible,’ he said.
>
> Mr Burak argued that the reason the prosecution had changed its mind was
> new evidence which suggested that Mrs Strachan had been accessing her
> phone at the time of the crash. He added that the scuff mark on the road
> had been discounted because it was not at the right angle to make it
> relevant to this accident.
>
> However, he also said that scuff marks had been identified on the boy’s
> bike, a revelation made during this week’s hearing which Advocate Sharp
> said he found ‘shocking’.
>
> ‘You should not have to force a prosecutor to disclose information,’ he
> said. ‘It has taken this whole process today to get one relevant piece of information.’
>
> Mr Burak defended the report of the accident investigator, whose evidence
> is being used by the prosecution; however, he conceded that the officer
> had ‘gone too far’ in some instances, by stating conclusions with
> certainty when they were opinions.
>
> This is why the Crown was applying to amend the report before any possible trial, he said.
>
> However, he added that the rest of the report was robust and it was
> always proper for an expert to explore possibilities.
>
> The day-long hearing was before the Magistrate, Bridget Shaw, who said
> she would present her decision as to whether there had been an abuse of
> process or not on Friday 10 March.
>
> https://jerseyeveningpost.com/news/2023/03/01/driver-who-collided-with-cyclist-says-fair-trial-is-impossible/
>

--
Spike

QUOTE: THE driver of a vehicle which collided with a teenage cyclist in St Martin in 2020 is asking for proceedings against her to be halted, saying it would be impossible to get a fair trial.ENDS

Even Mr Arsehole hasn't thought of that ridiculous "excuse".

"Mr Burak argued that the reason the prosecution had changed its mind was new evidence which suggested that Mrs Strachan had been accessing her phone at the time of the crash."

FANCY THAT.

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> QUOTE: THE driver of a vehicle which collided with a teenage cyclist in
> St Martin in 2020 is asking for proceedings against her to be halted,
> saying it would be impossible to get a fair trial.ENDS
>
> Even Mr Arsehole hasn't thought of that ridiculous "excuse".
>
> "Mr Burak argued that the reason the prosecution had changed its mind was
> new evidence which suggested that Mrs Strachan had been accessing her
> phone at the time of the crash."
>
> FANCY THAT.

Does the phrase ‘stitch up’ spring to mind here?

…failing to allow a defence expert to examine the bicycle

…Attorney-General had previously decided three times that she should not be
prosecuted

…allegedly, an accident investigator ‘had been acting not as an expert
witness but as prosecution advocate’

…a bicycle scuff mark in the road ‘not included in evidence’

…evidence from a police accident investigator had not been included

…the defence advocate stated ‘You should not have to force a prosecutor to
disclose information,’ he said. ‘It has taken this whole process today to
get one relevant piece of information.’

The Magistrate, Bridget Shaw, said she would present her decision as to
whether there had been an abuse of process or not on Friday 10 March.

--
Spike

QUOTE:THE driver of a vehicle which collided with a teenage cyclist in St Martin in 2020 is asking for proceedings against her to be halted, saying it would be impossible to get a fair trial. ENDS

Anyone could plead that the proceedings against them should be halted - IT THEY ARE GUILTY.

The mobile phone revelation has altered matters somewhat.

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> QUOTE:THE driver of a vehicle which collided with a teenage cyclist in St
> Martin in 2020 is asking for proceedings against her to be halted, saying
> it would be impossible to get a fair trial. ENDS
>
> Anyone could plead that the proceedings against them should be halted - IT THEY ARE GUILTY.

> The mobile phone revelation has altered matters somewhat.

Only if it’s a provable fact.

One has to view this in the light of the prosecution being somewhat
economical with the evidence up to this long-drawn-out point.

--
Spike

QUOTE: This is why the Crown was applying to amend the report before any possible trial, he said.

However, he added that the rest of the report was robust and it was always proper for an expert to explore possibilities. ENDS

Obviously - otherwise the case would have been dismissed instead of going ahead.

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
>
> QUOTE: This is why the Crown was applying to amend the report before any
> possible trial, he said.
>
> However, he added that the rest of the report was robust and it was
> always proper for an expert to explore possibilities. ENDS
>
> Obviously - otherwise the case would have been dismissed instead of going ahead.

The above is so lacking in context that it is meaningless.

--
Spike

QUOTE: After three times, both Mrs Strachan and the wider public are entitled to think that the matter has been closed,’ he argued. ENDS

"public are entitled to think" - IS THIS SOME SORT OF TRIAL BY PUBLIC OPINION?
There'll be ducking stools next !

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> QUOTE: After three times, both Mrs Strachan and the wider public are
> entitled to think that the matter has been closed,’ he argued. ENDS
>
> "public are entitled to think" - IS THIS SOME SORT OF TRIAL BY PUBLIC OPINION?
> There'll be ducking stools next !

It seems more to be verdict by Attorney-General.

“Mrs Strachan could not be fairly tried because the Attorney-General had
previously decided three times that she should not be prosecuted”

--
Spike

QUOTE: The lawyer argued that the Crown had decided to prosecute last year due to ‘speculation and pressure from the boy’s family’. For the prosecution, legal adviser Francis Burak said that an abuse-of-process application was one of last resort to be used in only in exceptional circumstances. ‘There has been no breach of duty and even if a breach has been found, these are matters that should be dealt with during the trial.‘ And even then, a fair trial is possible,’ he said.ENDS

What a wicked thing that the parents of the injured child were doing in wanting justice to prevail.
GOOD LUCK, ALL!

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> QUOTE: The lawyer argued that the Crown had decided to prosecute last
> year due to ‘speculation and pressure from the boy’s family’. For the
> prosecution, legal adviser Francis Burak said that an abuse-of-process
> application was one of last resort to be used in only in exceptional
> circumstances. ‘There has been no breach of duty and even if a breach has
> been found, these are matters that should be dealt with during the
> trial.‘ And even then, a fair trial is possible,’ he said.ENDS
>
> What a wicked thing that the parents of the injured child were doing in
> wanting justice to prevail.
> GOOD LUCK, ALL!

Is this justice, one might ask…

…failing to allow a defence expert to examine the bicycle

…Attorney-General had previously decided three times that she should not be
prosecuted

…allegedly, an accident investigator ‘had been acting not as an expert
witness but as prosecution advocate’

…a bicycle scuff mark in the road ‘not included in evidence’

…evidence from a police accident investigator had not been included

…the defence advocate stated ‘You should not have to force a prosecutor to
disclose information,’ he said. ‘It has taken this whole process today to
get one relevant piece of information.’

--
Spike

QUOTE: Mr Burak defended the report of the accident investigator, whose evidence is being used by the prosecution; however, he conceded that the officer had ‘gone too far’ in some instances, by stating conclusions with certainty when they were opinions. ENDS

Good luck to your decent family - you are an inspiration to all children bullied by law breaking drivers who kill and injure 22500 people a year. STAND STRONG.

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> QUOTE: Mr Burak defended the report of the accident investigator, whose
> evidence is being used by the prosecution; however, he conceded that the
> officer had ‘gone too far’ in some instances, by stating conclusions with
> certainty when they were opinions. ENDS
>
> Good luck to your decent family - you are an inspiration to all children
> bullied by law breaking drivers who kill and injure 22500 people a year. STAND STRONG.
>

???
Burak is a legal adviser to the prosecutor, what’s his family got to do
with the case?

--
Spike

QUOTE:Julia Strachan, of Rue de Flicquet in St Martin, denies causing serious injury while driving a motor vehicle without due care or attention.

In the Magistrate’s Court this week she said that there had been an abuse of process by the prosecution and the case should be discontinued. ENDS

What does that have to do with her denial of guilt?
What about the mobile phone?

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> QUOTE:Julia Strachan, of Rue de Flicquet in St Martin, denies causing
> serious injury while driving a motor vehicle without due care or attention.
>
> In the Magistrate’s Court this week she said that there had been an abuse
> of process by the prosecution and the case should be discontinued. ENDS

> What does that have to do with her denial of guilt?

If the trial is abandoned, whatever Ms Strachan said becomes an
irrelevancy.

> What about the mobile phone?

That becomes an irrelevancy too, as much as you might wish it otherwise.

--
Spike

QUOTE: On her behalf, Advocate Howard Sharp argued that Mrs Strachan could not receive a fair trial because the Crown had failed to fully disclose information when the defence had asked for it.ENDS

Diddums - just do your job and make a case for the defendant. Make up some feeble excuse like Mr Arsehole does. Low flying Suns are popular.

swldx...@gmail.com <swldxer1958@gmail.com> wrote:

> QUOTE: On her behalf, Advocate Howard Sharp argued that Mrs Strachan
> could not receive a fair trial because the Crown had failed to fully
> disclose information when the defence had asked for it.ENDS

> Diddums - just do your job and make a case for the defendant. Make up
> some feeble excuse like Mr Arsehole does. Low flying Suns are popular.

So you’re quite happy if due legal process is not followed, so long as you
get the answer you want?

Get help.

--
Spike

QUOTE:However, he also said that scuff marks had been identified on the boy’s bike, a revelation made during this week’s hearing which Advocate Sharp said he found ‘shocking’. ENDS

Maybe ask Ms Strachan if she has any idea how this "scuff" happened to be there?

swldx...@gmail.com <swldxer1958@gmail.com> wrote:

> QUOTE:However, he also said that scuff marks had been identified on the
> boy’s bike, a revelation made during this week’s hearing which Advocate
> Sharp said he found ‘shocking’. ENDS

> Maybe ask Ms Strachan if she has any idea how this "scuff" happened to be there?

“He questioned why an initial report by another police accident
investigator, who had identified glass and a bicycle scuff mark in the
middle of the main road at the junction where the accident had happened,
had not been included as evidence.”

--
Spike

QUOTE: THE driver of a vehicle which collided with a teenage cyclist in St Martin in 2020 is asking for proceedings against her to be halted, saying it would be impossible to get a fair trial. ENDS

That's an outrageous slur on the judge and the justice system in general.
Will just add to her sentence - they always look after their own.

swldx...@gmail.com <swldxer1958@gmail.com> wrote:

> QUOTE: THE driver of a vehicle which collided with a teenage cyclist in
> St Martin in 2020 is asking for proceedings against her to be halted,
> saying it would be impossible to get a fair trial. ENDS

> That's an outrageous slur on the judge and the justice system in general.

> Will just add to her sentence - they always look after their own.

Technically speaking, it’s an incisive comment on the handling of the
prosecution.

…failing to allow a defence expert to examine the bicycle

…Attorney-General had previously decided three times that she should not be
prosecuted

…allegedly, an accident investigator ‘had been acting not as an expert
witness but as prosecution advocate’

…a bicycle scuff mark in the road ‘not included in evidence’

…evidence from a police accident investigator had not been included

…the defence advocate stated ‘You should not have to force a prosecutor to
disclose information,’ he said. ‘It has taken this whole process today to
get one relevant piece of information.’

The Magistrate, Bridget Shaw, said she would present her decision as to
whether there had been an abuse of process or not on Friday 10 March.

--
Spike

On Thursday, March 2, 2023 at 4:34:48 PM UTC, swldx...@gmail.com wrote:
> QUOTE: THE driver of a vehicle which collided with a teenage cyclist in St Martin in 2020 is asking for proceedings against her to be halted, saying it would be impossible to get a fair trial. ENDS
>
> That's an outrageous slur on the judge and the justice system in general.
> Will just add to her sentence - they always look after their own.

Only just over a week to go now.

On 01/03/2023 08:03, Spike wrote:

> The Magistrate, Bridget Shaw, said she would present her decision as to
> whether there had been an abuse of process or not on Friday 10 March.

I'll be back in GMT-land by then.

QUOTE: The day-long hearing was before the Magistrate, Bridget Shaw, who said she would present her decision as to whether there had been an abuse of process or not on Friday 10 March. ENDS

I have heard that it will be this Thursday. TIC TOCK.