Another story for our new FB friends: So recently I was in the police station representing a client of mine who has been arrested for theft of a motor cycle. Police decide to charge and the officer says to me she is opposing bail and there is no point sticking around as the so called impartial custody sergeant will side with her. Will he now? Well we both make representations to the custody sergeant while lots of police officers gather round behind the custody sergeant to see the show. Despite feeling like Luis Suarez in an Italian restaurant I block the view out and give it my best shot. Unfortunately the custody sergeant refuses bail and its off to Saturday court we go. As I leave the officer boastfully says to me make sure you bring your A game tomorrow! A game?? I only need to bring some tissues for you to cry in when I get bail tomorrow! Anyway I get to court at 9 am - early bird and worm and all that - and the only person I find there is a senior police officer from the Serious Organized Crime Agency carrying 6 lever arch files. He asks me if I am the prosecutor and I cheekily tell him no Im not from the dark side. We get talking and he tells me that he is especially here to brief the prosecutor in person so that he can do all he can to stop a defendant charged with a serious blackmail and drug smuggling case from getting bail. Mmm thanks for that info I think. Well the prosecutor waltzes in at about 9.45 am for a 10 am start. Eventually she gets to me and I say to her are you really opposing bail against my client for such a small offence. She says of course as the police are opposing. Mmm because that very senior officer right there is very keen that you successfully oppose bail in his very serious case. Now we can dance around in court for a significant period of time while I argue and argue why my client should be granted bail and more importantly you can risk losing credibility before the court for opposing bail in such a minor case which may well impact on whether the court decides to rely on you when you oppose bail in the big case. Or we can agree a robust package of bail conditions - your call. Two minutes later she comes back and says done! We get in court and announce what we have agreed and the court rubber stamp it granting bail. As I leave court I am tempted to remind the officer of Mohammed Alis quote: The fight is won or lost far away from witnesses - behind the lines, in the gym, and out there on the road, long before I dance under those lights. But I settle for a wink and to be fair she smiles back! Khalid x
Posted on: Sun, 26 Oct 2014 08:19:14 +0000
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