Judicial Review - should I??

View previous topic View next topic Go down

Judicial Review - should I??

Post  Candcane on Wed Apr 09, 2014 4:29 pm

Not sure if I mentioned in any of my other posts, but the District Judge was real nasty.

On one occasion, when Nigel wasn't with me I asked the Judge to make sure the prosecution sent out the Blood test, lab results, worm counts and farrier reports.
The RSPCA Solicitor said there were none. As I tried to reply the District Judge raised his voice at me and said' Mrs S the details simply don't exist'.

Then in the trial my Solicitor pointed out that the RSPCA had said that no results existed and that the the Judge himself had also said this to me. The Judge replied 'you weren't there Mr Weller'  Shocked  I am not lying about this and it's bloody infuriating me that this happened and then all the result turned up at the hearing!

I might also add that on several occasions the Judge put words into a witness's mouth, to which my Solicitor butted in, but got told to be quiet. The Judge also shouted at my Solicitor on a number of occasions, but not once did he say anything out of place to the other side.

Why should I let him get away with that type of behaviour? No doubt he's doing this to others too.

I have even thought about writing to the District Judge directly as he lives just up the road from me, but would this pose a problem with my appeal?? I'm also pretty poor at putting my thoughts down.

What does everyone think please?

Candcane

Posts : 123
Join date : 2013-05-01

Back to top Go down

Re: Judicial Review - should I??

Post  Admin on Wed Apr 09, 2014 7:33 pm

At this point I wouldn`t contact the Judge, he could accuse you of intimidation.
Have you asked the SHG their thoughts?
avatar
Admin

Posts : 407
Join date : 2012-10-27

http://antirspca.forumotion.co.uk

Back to top Go down

Re: Judicial Review - should I??

Post  Trilby Bee on Wed Apr 09, 2014 7:48 pm

I can second that...the magistrates had a totally different attitude to the R$PCA solicitors...when mine spoke they were quite dismissive of them. Altho' in truth I had the worst legal team possible (Legal Aid...you get what you pay for...unless you're a terrorist),
avatar
Trilby Bee

Posts : 407
Join date : 2012-10-27

Back to top Go down

Re: Judicial Review - should I??

Post  Candcane on Thu Apr 10, 2014 6:54 am

I think maybe just the Judicial review for not then?

My letter to the Judge was simply going to be polite, but to tell him just how rude and aggressive he had been and that I'd felt let down by the justice system on the way he'd acted. I hoped that a letter to him at home would make him think about how he's treating others. Wish I could tell him that his actions are those of a drinker too  Very Happy 

Candcane

Posts : 123
Join date : 2013-05-01

Back to top Go down

Should CC Write?

Post  Trilby Bee on Thu Apr 10, 2014 9:21 am

Agree with Admin CC...any attempt to contact anyone (other than your own team) while your case is ongoing (which presumably it is if you are going to appeal) could be taken the wrong way; and would be no doubt. When I was there, I was in the same waiting room as the Gestapo and her team, but I did not even look in their direction in case it was seen as intimidation. I would not write; otherwise God knows what else they might try to pin on you. I know you feel there is a lot you want to say, but it's not worth it.
avatar
Trilby Bee

Posts : 407
Join date : 2012-10-27

Back to top Go down

Re: Judicial Review - should I??

Post  Candcane on Thu Apr 10, 2014 4:05 pm

I see.

I won't write until after the appeal then.

Can I still file for Judicial review though as it states I only have so long and from what I understand it's nothing to do decision etc, so sure I'm safe to file the complaint?

Sorry for all the questions, but the complaint procedure has a time frame on it which I wouldn't want to miss.

Candcane

Posts : 123
Join date : 2013-05-01

Back to top Go down

Re: Judicial Review - should I??

Post  Admin on Thu Apr 10, 2014 5:55 pm

Candcane wrote: I see.

I won't write until after the appeal then.

Can I still file for Judicial review though as it states I only have so long and from what I understand it's nothing to do decision etc, so sure I'm safe to file the complaint?

Sorry for all the questions, but the complaint procedure has a time frame on it which I wouldn't want to miss.
By all means put in for the review, presumably you can always withdraw later if you wanted.
As regards the Judge, leave him be for now. You can always write to the bar later on.
Have you contacted the SHG for their advice?
avatar
Admin

Posts : 407
Join date : 2012-10-27

http://antirspca.forumotion.co.uk

Back to top Go down

Should CC Write?

Post  Trilby Bee on Thu Apr 10, 2014 7:59 pm

Sorry CC... I meant don't write anything to the Judge...yes, by all means to Stephen Wooler, whatever you write to him is confidential.
avatar
Trilby Bee

Posts : 407
Join date : 2012-10-27

Back to top Go down

Judicial Review

Post  millie1* on Sat Apr 12, 2014 12:09 pm

I dont think you can at this stage - I outlines the correct course of action following magistrates for you, I dont think you can jump straight to review stage and I think it is only if the Judge has made a mistake in interpretting the law not behaviour!

The time limit for requesting review starts when you have completed the last hurdle in the cycle - not after the first!

Keep up the fight, but play the game! You dont win the Grand National if you miss out Bechers Brook, The Chair and Valentines!

avatar
millie1*

Posts : 147
Join date : 2012-10-31

Back to top Go down

Re: Judicial Review - should I??

Post  Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum