SHADOW OF DOUBT

 by TheJusticeofthePeace @ 10. Oct. 2010. – 15:52:22

Before during and after appointment J.P.s have to jump through more hoops than a circus poodle. The list of “competences” required reads like a treatise on the correct behaviour with and use and disposal of a knife, fork and spoon at an Edwardian banquet with napkin use as an extra facility for those aspiring to head the table.

A chairman of a bench in my humble opinion has from experience and/or DNA the ability to do the job or s/he hasn`t. One of the most difficult tasks s/he has to cope with is that of a colleague who despite all the training seems unable to follow a structured pattern in decision making in deciding questions of fact ie is the case against this defendant proved or not?

Soon after becoming a chairman I was sitting on a matter of alleged assault by an ex Ghurkha on his wife. Having heard the evidence we retired to deliberate. In approved fashion we assembled the facts which had been agreed by both prosecution and defence and isolated the areas of disagreement before exploring the weight attached to these areas. My two colleagues each concluded that the facts proved beyond reasonable doubt that the defendant was guilty. I took an opposing view and proceeded to show how in my opinion if the facts were logically appraised there was sufficient room for doubt. I was unable to persuade my colleagues to my point of view. Accordingly I then wrote a preamble to our reasons which would be presented in court to justify the case having been proved. As I was about to ask my colleagues to dictate their reasons I passed the A4 pad across the table and said, “OK; you`ve found him guilty; please start writing your reasons.” James started to put pen to paper, hesitated and looking at Graham hesitated before they shook their heads in unison. They had not concluded his guilt on a logical structured basis. They had felt his guilt in their stomachs....a real gut feeling. There was a shadow of doubt. I agreed with them that he was probably guilty but that we could not be sure that guilt could be supported on the evidence we had heard.

I think that afternoon a lesson was learnt by all three of us.