Private Prosecution Fund Update
As of now 145 people on the PledgeBank website have indicated they want to financially support a private prosecution. You can also pledge via Facebook and even text 'pledge cash4prosecution' to 60022 from your mobile phone. Old fashioned email works as well.If you can help with this project contact Guido ASAP.
54 comments:
Shouldn't we be focusing our efforts on the people in power?
By ensuring the previous lot don´t get away with it, we try to keep the current lot in check.
I can think of a number of reasons for not letting go of this -
1. They broke the law and think they got away with it.
2. It will keep Labour sleaze in the headlines.
3. It will wipe the smile off Levy's face.
4. It will discourage donations to the Labour party.
5. It will drag on for a couple of years, dring which the Labour party machine will be shown to have corruptly manipulated the system.
All worthy objectives. One point of concern is liability, surely it is possible to structure a prosecution fund in such a way that the individual's liability is limited to the amount pledged?
What is the view of the many loafing lawyers lurking here?
Well-wishing contributors to 'legal funds' have been hit with liability in the past, and had to pay handsomely (though proportionately) when costs were awarded against their cause.
Is not the only way of limiting liability the very mechanism devised for so doing - establishing a limited company?
That is my instinct. A special purpose vehicle with limited liability.
The directors, of course, then carry a significant risk.
It is also unlikely that Companies House would be happy with Guido Fawkes being so named. His Grace would volunteer, but he is also somewhat deceased.
Hmm...
Eh?
I am as miffed as the next man that Levy & Co. have "gotten away with it" but I think you will find people have no appetite for funding a private prosecution.
As others (e.g. RecessMonkey) have observed, this is beginning to look more and more like flogging a dead horse. Surely the blogosphere's efforts would be better spent building pressure on the Public Administration Select Committee rather than chasing rainbows?
"building pressure on the Public Administration Select Committee"...
to what end? As discussed on other threads I suggest we start with a simple breach of the law as a pilot.
The parents of Ron Goldman and Nicole Brown Simpson won a civil case against O.J. Simpson. Simpson promptly fled to Florida to escape the jurisdiction of the court. In the same way Levy can always flee to Israel to escape any convictions in the UK.
Oh come now are we that cowed by Political Correctness and the perceived Power of the Establishment to now work on how to back track and find reasons not to go ahead.
Well here is a picture to comprehend if this lot are let off the hook..The Death of The United Kingdom of Great Britain and Northern Ireland owned by a Franco-German Alliance in the EU, 450 million people who are eligible to relocate here no matter what spin the Politicians put on it, to claim their God Given (EU God) right to benefit, never mind that the Home Office have thrown Citizenship out like confetti to all and sundry, its a stark choice of proceed or wave Britannia goodbye and tell your Grandchildren of its glorious past and how you were angry enough to post on Blogs but never radical enough to stand up to tyrants.
If your happy to see Freedom as an Export and content that Democracy is an illusion then pull out.
Alan Girvan - Signatory
One point of concern is liability, surely it is possible to structure a prosecution fund in such a way that the individual's liability is limited to the amount pledged?
Form a Charity
you might even get free use of No 11 for meetings :-)
Guido part of my problem with this is illustrated in your particular attack on the Labour party (3 and arguably 5 of your points). I write that not simply because ALL parties have been involved in this issue, but because you are increasingly one-sided in almost everything you blog (from Brown's apparent poor poll performances to supporting Boris). I don't think that you should be manipulating the law to try and fight party politics - you will probably come a cropper, as well as of course sinking to their level.
I honestly thought you were interested in exposing corruption and bad practice wherever it occurred, from no matter what source? You seem more intent on bringing down Labour (and raising up Boris). There's no problem with that, it's a free world, but I'm afraid it does mean you've lost your mantle and should probably cease using the 'Guy Fawkes' tag. He wanted to blow the lot of them up: you seem more intent on working for the Tory party.
I mean ... if you really want to expose the sham of British politics why not do a bit more on the Archimandrite of spin and style: Sham Cam himself.
lozboz, sunshine, exactly how do you propose to f**k about with a select committee?
Let God do the judging. Put the contributions towards arranging a meeting.
Don't even think about it. The law courts don't work like that. A rich bad 'un beats a poor good 'un.
I'm guessing you know that. Actually, I'm not guessing.
Pass the ketamine. G.
Hey, whoah there Neddy.
I signed up to make a donation, not to fund a bleedin' percentage.
As much as I'd like Levy & Co bang to rights I'm not going to put my house on the line to do it.
If my liability isn't limited then I ain't playing.
I dont have much money but you can put me down for a contribution. Anything to keep the smugs gits in court and squirming.
I'll treat guido to a nice bottle of northern Italian plonk if he can make this stick!
cranmer 5:52pm
Is not the only way of limiting liability the very mechanism devised for so doing - establishing a limited company?
far too complex man, go bankrupt and live off the welfare state for the duration...let the soddin socialist government pay the costs out their own fucking pocket, nice one
Guido: 5.48: 3. "It will wipe the smile off Levy's face."
Is that one of the best five reasons you can come up with as to why people should sign up?
Cranmer
Tolstoy v's Aldington.
anonymous 7:30pm
Well here is a picture to comprehend if this lot are let off the hook..The Death of The United Kingdom of Great Britain and Northern Ireland owned by a Franco-German Alliance in the EU, 450 million people who are eligible to relocate here no matter what spin the Politicians put on it, to claim their God Given (EU God) right to benefit, never mind that the Home Office have thrown Citizenship out like confetti to all and sundry, its a stark choice of proceed or wave Britannia goodbye and tell your Grandchildren of its glorious past and how you were angry enough to post on Blogs but never radical enough to stand up to tyrants.
Could pull in some decent foreign totty though...
Another point
Young men are giving their lives in Afghanistan and Iraq for this country , I for one dont give a f*** about putting mere money on the line to bring to book the scum who have sent them there.
Stop being a load of poofs.
anyone who wishes to pledge their hard earned cash to the "Save Dave" fighting fund sign below:
titty spinoza 9:50pm
Could pull in some decent foreign totty though...
makes yer think, dunnit?
The biggest fuck factor, aside from funding, is the chance of the CPS intervening and taking over the prosecution - which, surprisingly, can be done at the request of the defendants.
The relevant section of the CPS manual on private prosecutions is here:
http://cps.gov.uk/legal/section1/chapter_h.html
I met a traveller from an antique land
Who said: Two vast and trunkless legs of stone
Stand in the desert. Near them on the sand,
Half sunk, a shatter'd visage lies, whose frown
And wrinkled lip and sneer of cold command
Tell that its sculptor well those passions read
Which yet survive, stamp'd on these lifeless things,
The hand that mock'd them and the heart that fed.
And on the pedestal these words appear:
"My name is David Cameron, leader of the Conservative Party:
Look on my works, ye mighty, and despair!"
Nothing beside remains: round the decay
Of that colossal wreck, boundless and bare,
The lone and level sands stretch far away.
Let God do the judging. Put the contributions towards arranging a meeting.
Nonsense. God gave us judges to do the judging. Read Judges.
If they don't take action against the police, it's because they know their "innocence" will not stand up under proper scrutiny. The Clown Prostitution Service have stopped scrutiny by the state, so a private prosecution will be a big threat. If they can't block it officially, Guido should expect some odd noises on his phone and some dirty tricks in the media. At the very least.
It may be just media speak, and not legal language, but the impression I get is that David Perry QC "ruled" that the diaries are inadmissible as evidence. In my view, that should be for a judge to decide possibly at a pre-trial hearing as to admissibility. Of course, the odds need to be higher than 50/50, I think what the police have is above that threshold.
There is nothing in the statute on "unambiguous", merely agreement. Word of mouth may be sufficient as with certain contracts. And, in particular, in a case where the agreement tends to be based upon a nod and a wink, then I would argue that that level of evidence is not circumstantial but a firm understanding of the nature of the proceedings.
The best course of action is a judicial review to quash David Perry's decision. This costs nothing to a man of straw. But, it depends upon the politics of the judge. A green light theorist will almost certainly rule in favour of the State, whereas a red light theorist will tend to curb the power of the state.
It may be argued that the Executive has strayed into the jurisdiction of the Judiciary on this one and it has implications for the Separation of Powers and has constitutional importance.
I cannot help financially, but I can be of service in some other way.
Talking of justice
go to youtube.com
And type in cebu correctional dance
1500 orange jump suited phiilpino convicts line dancing
detention centre
Joshua Rozenburg seems to think a private prosecution would be blocked by the CPS.
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/07/20/nhonours220.xml
Do you have a view on this.
The biggest fuck factor, aside from funding, is the chance of the CPS intervening and taking over the prosecution - which, surprisingly, can be done at the request of the defendants.
Yes, but that can also be detrimental. If the CPS felt that you might win the case they could well take it over in order to ensure that their reputation (i.e. NOT prosecuting in the first place) remain intact.
What about setting up an offshore trust for the purposes of funding a private prosection? Plenty of lawyers around who could do that easily, costs about €800 as I recall.
anonumouse
Charities are non-political!
I see the Morning Star made cash for honours front page news.They are always appealing for funds.
Maybe you could get them to set up a special fund to help with your private prosecution or at least you could ask them to give you some publicity.
Do not ignore (a) the importance of getting Yates's full report into the public domain, prosecution or no, and (b) consideration of judicial review of the CPS's decision not to prosecute (such consideration to be NOT of judicial review as an alternative to a private prosecution but rather as something which merits to be considered alongside the consideration of private prosecution).
For thos who don't get it, this is about the abuse of power by our elected leaders.
If we don't stand up to it now, it will only continue and probably get worse. There's a poem by a victim of the Nazis (Pastor Niemoeller if you need to know), that went as follows:
"First they came for the jews and I did not speak out because I was not a jew, then they came for the communisits and I did not speak out because I was not a communist, then they came for the trade unionists and I did not speak out because I was not a trade unionist, then they came for me ........and there was no one left to speak for me".
The Director of Public Prosecutions has the right to take over any private prosecution. He then has the right to discontinue it.
The Director of Public Prosecutions is of course the head of the CPS. They discontinue cases they believe to be vexatious.
Interestingly, the honours act and common law against the sales of honours and for perverting the course of justice are not listed as requiring the consent of the DPP/AG to commence proceedings.
Given that the CPS have already decided to discontinue this case, any case brought without new evidence would come to the same conclusion.
levymetalplunder 11:11pm
Guido should expect some odd noises on his phone
Guido may find these 'odd noises' difficult to distinguish from those he already gets on his line as a result of phoning premium rate numbers and certain 'high-spirited' friends.
Charities are non-political!
Not any more?
Just so's you know, you are looking at a bill of about £40k if you lose an application for Judicial Review.
A judge in a JR will only decide if the CPS has behaved within its powers and in a rational way. He will not judge the actual decision the CPS made, only whether the decision was legal,rational and made without procedural impropriety.
It's a very grey area, and everything depends on the judge you get. You can be pretty sure the powers that be will make certain you get a judge who favours the state over the citizen in a case such as this. Sorry to sound cynical, but how else can you be in NuLabor's NuBritain?
titty spinoza 9:50pm
Could pull in some decent foreign totty though...
Are you a lesbian, titty?
ad feminem,
Your question has no bearing whatsoever upon my argument.
Do big busty bulgarians not interest you, perhaps?
Why do think that a 'Limited Company' is beyond reproach of the law? There are many whom wish this to be so, but find themselves languishing in US jails.
Spurious allegations have no hiding place for those with malice.
Take your medicine well for you have lost yet again.
I'm not spineless said..
Quoting bits from writings of better men does not impress.It tells me you have done sod all, but do a bit of Googling.Surprised Kipling was not posted in full.You like all the idiots posting here have no intention of taking it any further.Should you be asked to cough up, you would be hiding under the bed pretending to be out.Your all a gang of fantasists,get a life you bloody fools.Guido what's this with comment moderation all the time,this blog gets more like Iains' by the day.The posters that make it interesting are not the regular cretins you know,it's folk like me and the gang.When we stop posting you will be as interesting as The Daily Mail for Gods sake.
Julian said...
Like the new pic. Jules.
The Hitch said...
Another point
Hi fatty,remember lard is good for you only as long as you wash it down with a flagon of full cream milk.It's the Viking way you know.
Its not the CPS you have to worry about it is the Direct of Public prosecutions who can halt any legal proceeding. You will need enough money to then take the DP to court as well Levy.
Its not the CPS you have to worry about it is the Direct of Public prosecutions who can halt any legal proceeding. You will need enough money to then take the DP to court as well Levy.
As has been mentioned before a private prosecution is madness. Your best bet is to try to goad Levy into doing something really stupid, like suing the police. Think Jonathan Aitken.
It would probably be cheaper to get some Eastern European mafia guy to just shoot him in the street. I expect the truth would come out then.....
Guido has told me that the very next time a person posts any more "First they came for the whatevers blah blah blah blah ad nauseum....... and then by the time they came for me I had quite run-out of cliches, aphorisms, proverbs, song titles,lines of poetry, anecdotes and bits of cod latin." I am to go to their address- with which Guido will provide me- and mutilate them horribly.
Remorseful, platitudinous, dead German clergypersons have no place here. What we need is hatred; hot, pure and simple.
Alvin Stardust, that was Levy's contribution to our cultural life. He should go to jail for that, never mind all the rest.
number 13 5:55pm
Guido has told me that the very next time a person posts any more "First they came for the whatevers blah blah blah blah ad nauseum....... and then by the time they came for me I had quite run-out of cliches, aphorisms, proverbs, song titles,lines of poetry, anecdotes and bits of cod latin." I am to go to their address- with which Guido will provide me- and mutilate them horribly.
Make my day.
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