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What a cop out...

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Old Mar 25th 2010 | 8:57 am
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Default Re: What a cop out...

Originally Posted by Jingsamichty
Rae, you're a copper. What do you make of Smellie's defence? What would the station locker room banter be about that?
Is this the "Jury of his peers" argument? I'm sure a jury made up only of coppers would be somewhat beneficial to his cause, but even they may have a hard time with the perceived physical threat aspect of the juice carton.
 
Old Mar 25th 2010 | 8:57 am
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Default Re: What a cop out...

Originally Posted by rae
i can't as she won't be appearing, thats more my point, we will never have the opportunity to know. if she had prior convictions for perjury though as you pointed out earlier this would have a bearing on her credibility.
rae, I asked this before. I'd like an example of something from her past that could possibly have bearing in this case - something that officer smellie would have to have known about at the time of the beating to justify it? I can't think of one thing, but I'm not a legal expert.
 
Old Mar 25th 2010 | 8:58 am
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Default Re: What a cop out...

Originally Posted by Alan2005
Give me an example of something from her past that may impact this trial? Note that it has to be something that that copper has to have know about at the time to excuse what he did.
i'm not trying to excuse what he did alan, and his prior knowledge of her does have a bearing with regard to the ACPO use of force model. such as a prior occasion where he may have arrested her for assault, then found she had a weapon hidden on her. on seeing her this day and recognizing her, it would be perfectly reasonable given the past encounter to suspect a higher level of force may be necessary to achieve his aim.

but i am not talking as much about the incident as the way it is being tried in public and the nature of the evidence being presented, this guy has been convicted before he ever sees the light of a courtroom.
i don't think i have said anywhere he is justified in what he did, because if it happened exactly as it was portrayed then clearly he has lost it momentarily and lashed out. i would not try to defend that as it would be clearly wrong of me.
 
Old Mar 25th 2010 | 8:59 am
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Default Re: What a cop out...

Originally Posted by Jingsamichty
Ah, the Moderator's poem.

don't give me that cack, Iain. You know as well as I do that there are certain people who will protest about just about anything. The cause is irrelevant, it's just a jolly day out shouting at The Man.
So what, the police are trained to deal with that, its their job. He lost his rag and overreacted. The fact he cant see why he was suspended still is a bit scary. I wonder if an apology was ever forthcoming under the circumstances.

He obviously cant come out and say she annoyed the tits off him so he hit her, as that would be assault, so we have the orange juice carton perceived as weapon thing in order to justify bringing her down.... but I dont think thats helping his credibility any. Has he even said with hind-site that it was a mistake and that he regrets his actions? That would go a long way in helping him in the court of public opinion I think.

Last edited by iaink; Mar 25th 2010 at 9:04 am.
 
Old Mar 25th 2010 | 9:04 am
  #125  
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Default Re: What a cop out...

Originally Posted by Alan2005
Yes, it does. If I did that to somebody then I would get done for assault.

The defenders on this board will probably say coppers should be held to a higher standard than the general public because of the power they have (in fact I think rae even said this). They then go on to describe how they should actually be held to a lower standard (as dbd said) because their job is difficult and frustrating - well get another job then as beating young girls half your size with a truncheon is not the behaviour of hard case no-nonsense coppers.
with regard to the first bit alan you may do, but here is my point again, it would never see a courtroom without a statement bare minimum of complaint against you, of this i am certain.

the police should be held to a higher account absolutely, but this should come also with some acceptance that they will find themselves in situations on a regular basis that the average citizen will not. if you police these events over and over again year after year then sooner or later something like this is going to be happen. should that excuse his actions, no of course not, but i do think this should be taken into account.

with regard to the higher standards you will see much higher and more severe punishments handed out to the police over a civilian. drunk driving for instance, instant job loss. not many other occupations do that.
 
Old Mar 25th 2010 | 9:05 am
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Default Re: What a cop out...

Originally Posted by rae
i'm not trying to excuse what he did alan, and his prior knowledge of her does have a bearing with regard to the ACPO use of force model. such as a prior occasion where he may have arrested her for assault, then found she had a weapon hidden on her. on seeing her this day and recognizing her, it would be perfectly reasonable given the past encounter to suspect a higher level of force may be necessary to achieve his aim.

but i am not talking as much about the incident as the way it is being tried in public and the nature of the evidence being presented, this guy has been convicted before he ever sees the light of a courtroom.
i don't think i have said anywhere he is justified in what he did, because if it happened exactly as it was portrayed then clearly he has lost it momentarily and lashed out. i would not try to defend that as it would be clearly wrong of me.
The video evidence is damning - he overstepped the mark considerably. You might argue mitigating circumstances, but that won't change the fact that it looks like assault. fwiw I don't think he deserves prison or anything like that, although he does need to be punished, but given that this is probably career ending for him and all he has to look forward to is a life of security work I think that is more (well a lot more proportionate to the harm caused) than enough.
 
Old Mar 25th 2010 | 9:07 am
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Default Re: What a cop out...

Originally Posted by Alan2005
Oh yeah I forgot about the deadly juice.

Gender, or more specifically size has everything to do with it.
just for your amusement the worst assault i suffered was from a 18yr old slip of a girl who as i turned my back on her picked up a pool ball and smacked me on the back of the head with it. judge a book by its cover at your peril.
 
Old Mar 25th 2010 | 9:09 am
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Default Re: What a cop out...

Originally Posted by rae
i can't as she won't be appearing, thats more my point, we will never have the opportunity to know. if she had prior convictions for perjury though as you pointed out earlier this would have a bearing on her credibility.
The only issue here is whether he acted reasonably, not whether she had past convictions for anything.

I have to admit that it concerns me somewhat that a serving police officer can't see the wood for the trees. You are usually the epitome of sensibility. OK, you aren't, but I've got to make you feel good somehow
 
Old Mar 25th 2010 | 9:09 am
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Default Re: What a cop out...

Originally Posted by rae
.

with regard to the higher standards you will see much higher and more severe punishments handed out to the police over a civilian.

Ahem. Police are civilians. The forgetting of which, I respctfully suggest, is at the root of much of the negative vibes from protestors such as Little Miss Lentils.
 
Old Mar 25th 2010 | 9:10 am
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Default Re: What a cop out...

Originally Posted by rae
just for your amusement the worst assault i suffered was from a 18yr old slip of a girl who as i turned my back on her picked up a pool ball and smacked me on the back of the head with it. judge a book by its cover at your peril.
I doubt you beat her with your big stick because of it. Although I bet that was the last time you turned your back on potential assailants even slips of girls.
 
Old Mar 25th 2010 | 9:12 am
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Default Re: What a cop out...

Originally Posted by Jingsamichty
Rae, you're a copper. What do you make of Smellie's defence? What would the station locker room banter be about that?
i think its a complete joke and he is making himself and the rest of us look like total tools. i've been in the shit a few times and the best advice i ever had from an old inspector was fall on your sword. if you have done wrong cough it and move on, we all make mistakes. what he should be saying is in the heat of the moment, in a highly charged situation, fearing for his safety he lashed out. (don't forget there was more than her there, off camera to the left of the screen is where he initially faces) in hindsight this was unreasonable, unjustified and unwarranted and will accept whatever comes his way to make up for it.
hows that.
 
Old Mar 25th 2010 | 9:14 am
  #132  
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Default Re: What a cop out...

Originally Posted by Alan2005
rae, I asked this before. I'd like an example of something from her past that could possibly have bearing in this case - something that officer smellie would have to have known about at the time of the beating to justify it? I can't think of one thing, but I'm not a legal expert.
sorry it may have got lost, previous answer with regard to prior arrests.
 
Old Mar 25th 2010 | 9:15 am
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Default Re: What a cop out...

Originally Posted by rae
i think its a complete joke and he is making himself and the rest of us look like total tools. i've been in the shit a few times and the best advice i ever had from an old inspector was fall on your sword. if you have done wrong cough it and move on, we all make mistakes. what he should be saying is in the heat of the moment, in a highly charged situation, fearing for his safety he lashed out. (don't forget there was more than her there, off camera to the left of the screen is where he initially faces) in hindsight this was unreasonable, unjustified and unwarranted and will accept whatever comes his way to make up for it.
hows that.
If the met and him had come out immediately and apologized - even visiting the girl in question to do so I doubt it would have gone any further. As guilty as that guy probably is, I don't think any of us are under any illusion that this is anything but a PR exercise for the met that is in dire need of some good publicity.
 
Old Mar 25th 2010 | 9:18 am
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Default Re: What a cop out...

Originally Posted by Alan2005
The video evidence is damning - he overstepped the mark considerably. You might argue mitigating circumstances, but that won't change the fact that it looks like assault. fwiw I don't think he deserves prison or anything like that, although he does need to be punished, but given that this is probably career ending for him and all he has to look forward to is a life of security work I think that is more (well a lot more proportionate to the harm caused) than enough.
i'm not saying its not alan. i'm obviously not making myself clear, i just hope you can trust me on this one. the way this prosecution is being handled is not the norm, special circs for the cops. now as i have said as its in the publics interest i can understand this, i just find it galling though that a normal judicial procedure for a case of this nature involving a civilian is not followed because its a cop. its one thing to proceed in the publics interest, but the rules are being bent a bit too much for that in this case for my liking.
 
Old Mar 25th 2010 | 9:22 am
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Default Re: What a cop out...

Originally Posted by Almost Canadian
The only issue here is whether he acted reasonably, not whether she had past convictions for anything.

I have to admit that it concerns me somewhat that a serving police officer can't see the wood for the trees. You are usually the epitome of sensibility. OK, you aren't, but I've got to make you feel good somehow
i agree, thats not my point. my point is that the normal judicial procedure is being bent well out of shape, more so than a normal public prosecution because of the publicity surrounding the case. come on mate, no statements, no witnesses i could bloody defend that and win, video or no video. in fact the presence of the video would be the one thing undermining the entire case, its airing everywhere has created a prejudicial environment not conducive to a fair trial.
that will be 10 grand and a law degree please sir.
 


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