HOW 3 DUNDONIANS LIED IN COURT AND MADE FOOLS OF THE JUSTICE SYSTEM
This site is adapted from a
Blog that was first written in April 2005 and tells the true story of a Road Rage incident on Dundee's Kingsway.
The event itself was an all-too-common example of bad behaviour on our roads. But what followed was quite out of the ordinary.
From the moment the police became involved, followed by solicitors and the courtly administrators of the procedures that are supposed
to bring about Justice, I felt as if I was an onlooker aboard Douglas Adams's wholly remarkable space ship - the one powered by an
Improbability Drive that gets the crew out of many a tight spot.
A driver, angry at being held up on his very own local road, had a temper tantrum and tailgated me.
But this didn't satisfy him so he decided to report me to the police.
His story was embellished with a number of improbable events, including a witness who appeared shortly after the incident.
This was a solo motorcyclist who conjured up his own witness, a phantom pillion passenger.
Scottish law requires two independent witnesses. The Crown failed to notice that the case had some odd, even improbable,
aspects, so did not bother to check that its witnesses were independent.
I was charged with Dangerous Driving, an offence that carries a mandatory driving ban and possible jail term.
One might expect such a serious charge to have prompted the prosecutor to carry out some basic checks to ensure that
no part of its case was tainted.
Not so - the Crown knew its witnesses would be quite persuasive in court: real evidence would not be required.
The trial went ahead 9 months after the original incident.
Despite having had so many months to rehearse their stories, all three witnesses made mistakes during their testimonies - like the
Adams space ship with its Improbability Drive, they twisted the laws of space and time.
The Sheriff picked up on one of these Improbable Events but allowed the witness concerned to claim he was confused.
After the trial, I found definitive proof that a crucial part of the Crown's story, relating to the time and location
of the alleged incident, was false.
Unfortunately, the authorities have steadfastly refused to believe that giving error-strewn evidence makes them any
less credible as witnesses.
An injustice anywhere is a threat to justice everywhere