Dog mauled cat, neighbours' harassment, court on 30/11/07

[Movingon]

Let us know when you can Den... I'm gutted for you.

[noomill060]

Gutted for you as well.

 

Lets us know when you feel up to it, there may be more that can be done.

[den3371]

I think it was a case of the defendant having more witness statements stating that there was only 1 dog. I was asked what colour were the dogs, I stated 'brindle'. Then the defendant came out with, well it can't be my dog as my dog is black with white bits.

 

Brindle is dark brown/black?? Or have I just lost the plot?

 

Anyway, I hope Joa can post a bit on here later as I know she made some notes. Just a handy tip though - when you go to Court, do not dress up smartly, do not have respect for the Judge and remain calm, don't even think about telling the truth!! (Please note that was all said tomgue in cheek and I don't advise anyone to do this!!)

[mrsc]

OMG what where they thinking (can't really say what I am thinking,I would probably get thrown off) this is disgusting.

 

Den can't imagine how you are feeling I am lost for words well words I can put on here

 

Thinking of you all

 

Mrs C

[GlasweJen]

Good God den, what's wrong with our justice system? Can you appeal this? Honestly, imagine losing because some numpty doesn't know his colours!

[jansus]

So sorry

 

I can understand the bit about harrassment as that is a seperate issue - but why would they offer to pay the bill if it was not their dog.

 

Really sorry after all you have been through - and the fact is you had the guts to stand up to them and the courts have not backed you up.

 

I must admit I have lost faith in the system after my daughters boyfriend and his freind were beaten up - quite seriously by a gang of 15 in a totally unprovoked attack . witnesses were not even interviewed ( assumed to be under the influence of drink - they were not) and they said they could not go ahead with the case as the victims could not indentify the attackers- why was that ? they were beaten unconcious!! so it is a bit difficut to indentify then isnt it! There were adult witnesses and the gang were identified by others. Lets just hope next time they dont kill someone - as somebody will have that on their concience .

 

We all feel really bad for you - but you know you did your best and the result is not your fault.

 

Jan

[den3371]

They stated that they never had a conversation with me about money - I just demanded it! Thay said at first there were 2 dogs then in all the witness statements it mentions 1 dog.

 

How on earth the Judge think Rosie sustained the injuries is beyond me. They are the only people in the whole 3 blocks that have a dog, they even admotted that the Brother comes over with his dogs.

[den3371]

I wasn't expecting the money back at all, a control order would have been good enough - but nothing!

 

The Defendants left the Court room floating on air!

[davey77]

Justice, Justice, Justice.. where art thou??

 

awww I'm really sorry to hear it. At least you can hold your head up high even if the defendants or the judge can't!

[kp278]

what a hugh piece of sh**. i really hope they dont keep up their verbal abuse. make sure you take down details for evidence if they do. karma is great. they'll get what's coming to them.

[davey77]

Did i remember you saying den that you thought they were committing benefit fraud? Did you ever report them for that? If not, then now is the time eh!

[AuntiePink]

Funbuckingbelievable

 

RIP British Justice

[den3371]

Did i remember you saying den that you thought they were committing benefit fraud? Did you ever report them for that? If not, then now is the time eh!

 

The woman's Partner submitted a statement - it had his address on, it was not the addess the Defandant resides in, however - he said when the Judge asked if he lived with Ms XXX, he said yes!

 

Will be calling the Fraud hotline again!

[den3371]

Funbuckingbelievable

 

RIP British Justice

 

 

 

LOl AuntiePink!

[davey77]

National Benefit Fraud Hotline on 0800 854 440

[noomill060]

It appears to me that the judge thought you were unable to identify the dog.

 

I must say that I wouldnt have known what colour "brindle" was either.

[Joa]

I think it is very important to remember that the judge did not decide that the defendants were right or that you were wrong Den. She has decided that on a balance of probabilities, she could not agree that it was the defendant's dog who caused the injury. A lot in your case depended on personal statements; yours and the defendant's - there was no direct witnesses, beside you and your son. But you have conducted yourself brilliantly; you were calm, collected and dignified. You were well prepared - for a lay person, whilst we know what an almighty cock-up was caused by the defendant's solicitors (it was un-bloody-believable- the solicitors write a defence which basically destroyed defendant's case that they haven't got a dog! But sadly, the judge let it pass- as the case was not really about that).

 

Whilst I understand judge's hesitation which made her unable to find for den, i feel that it was a very disappointing outcome - achieved by defendant's shocking lies, bare-faced dishonesty, breathtaking and shameless porkies.

 

The judge opened by clarifying what she will deal with and what she will not. That meant that most of the witness statements, including huge chunks of Den's neighbour's statement were not considered. The judge then permitted documents which she did not see, which were submitted by the other party. She was very frustrated by the defendant's lack of preparedness, her solicitor's slackness- in my mind she has tried too hard to accommodate the defendant. Maybe she took one look at the gum-chewing, perpetually pregnant, hardly out of childhood herself, tracksuit clad , "innit" defendant and thought to herself: "disadvantaged person alert, better be extra nice, in case they torch my Lexus later on!"

 

OK. Bygones. We have gained new knowledge which may help in making the life for the defendant that little bit more difficult.

[fbnts]

Wow! I can't believe this! Do you have grounds to appeal? Surely not allowing vital witness statements could have impacted the case.

 

Tom

[Darren]

Den, I dont know what to say

[Yorki]

I'm totally gutted for you, Den. Please please ring the benefit fraud hotline.. they need to get their just desserts, one way or another.

[mammyslad]

Very sorry Den, another case of the Baddies winning.

But will they in the end. What goes arround comes arround.

John.

[poppynurse]

It's time the British Court system had an overhaul -they are a disgrace

[Joa]

The system did not fail Den- she was floored by the sheer lack of civic responsibility of primitive dog-owners, who not only allowed their dogs to run wild but went to court and lied about it. The judge was struggling for evidence (of the very incident- cat not only being attacked but attacked by the defendant's dog)- she had so little of it she felt she had no choice but to dismiss the case. She was careful to explain this in her summary.

So Den did not loose and the neighbours did not win. They have been lucky and Lady Luck is not always fair.

[tiglet]

Sometimes, the judge has no choice but to rule on the evidence that (s)he is presented with.

 

However, I am a firm believer in Karma.

[davey77]

I'm not much of a believer tiglet.. seems to me that those that ignore the law, treat others badly, lie and cheat get exactly what they want and those that are honest, decent and caring get no practical reward for it. (Not on this earth at least).

 

Sorry, bit of a downer but i just don't see this so called poetic justice/karma anywhere..