From: Jeremy Peter Howells, [EMAIL PROTECTED]
We all know that the courts require more evidence than
mere suspicion. Hamilton took Central Scotland Police
to court on appeal didn't he, and won. That later set
the scene for a McMurdo to refuse to revoke his FAC
depite good evidence from several of his own officers.
Unless the police have 'good reason' to revoke a
certificate they probably won't, so unless there's
evidence they probably won't even try if they think
the certificate holder can afford an appeal to the
Crown Court.
Regards
Jerry
--
No that's totally wrong. McMurdo refused to revoke
his FAC because he thought Hamilton would appeal,
however Cullen was very scathing of that view and
said that McMurdo should not have pre-judged it, and
that McMurdo's interpretation of Section 27 was
completely wrong. In addition only about 5% of
appeals in Scotland at the time were successful
anyway, so CSP were totally and utterly wrong on
all counts.
Certainly in the case of Hamilton there was more
than just a vague suspicion, CSP had mountains of
evidence indicating that Hamilton was unfit to
hold an FAC, but they had not collated it properly
and only McMurdo was aware of the bulk of it.
Steve.
Cybershooters website: http://www.cybershooters.org
List admin: [EMAIL PROTECTED]
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