My son has four criminal charges held against him, the police did not seek witness statements until after we contested the case and requested a QP9, there are many discrepancies in the witness statements (obtained two to three months after the incident date).
The charges are:
1: Dangerous operation of a vehicle:
2:Common Assault:
3: Wilful damage:
4:Going armed so as to cause fear:
The police prosecutor offered a deal that if he pleads guilty to 1. and 4, they would drop charges on 2 and 3. We believe they have come to this conclusion due to lack of evidence and confusing witness statements
.
At first we went by the lawyer's suggestion to accept the plea, but after thinking about it and hearing some advice from another legal identity, we changed from the plea and asked to go to trial.
The lawyer is not real happy about the situation and has stated he won't question the prosecutor on many areas we believe should be brought forward and said if we were not happy with his approach, he would find a lawyer that would do as we ask.
My thoughts are that if they are willing to drop two charges, then why keep two, is my son innocent or guilty, a plea of guilty to the two charges is in my way of thinking accepting defeat due to their incompetence.
The two they are willing to drop centre around the fact that the victims motorcycle helmet was damaged by my sons alleged 5 or 6 bare hand punches to the helmet (we have a doctors statement and photos, that his hands suffered no such damage as would be expected of such an occurrence).
The motorcycle rider has admitted to starting everything that happened, and he assaulted my son and myself, yet the police predetermined my sons guilt immediately due to the fact that he had self harmed himself with a knife.
There is a lot more to this with many discrepancies including no drug/alcohol testing and the motorbike rider being aloud to leave the scene because the media showed up (and he didn't want to face them) his statement was not taken until the next day.
My son is aware that it could all go bad, but we honestly feel he should not be charged on any of the counts when all the facts and the "victims" actions are taken into account.
The charges are:
1: Dangerous operation of a vehicle:
2:Common Assault:
3: Wilful damage:
4:Going armed so as to cause fear:
The police prosecutor offered a deal that if he pleads guilty to 1. and 4, they would drop charges on 2 and 3. We believe they have come to this conclusion due to lack of evidence and confusing witness statements
.
At first we went by the lawyer's suggestion to accept the plea, but after thinking about it and hearing some advice from another legal identity, we changed from the plea and asked to go to trial.
The lawyer is not real happy about the situation and has stated he won't question the prosecutor on many areas we believe should be brought forward and said if we were not happy with his approach, he would find a lawyer that would do as we ask.
My thoughts are that if they are willing to drop two charges, then why keep two, is my son innocent or guilty, a plea of guilty to the two charges is in my way of thinking accepting defeat due to their incompetence.
The two they are willing to drop centre around the fact that the victims motorcycle helmet was damaged by my sons alleged 5 or 6 bare hand punches to the helmet (we have a doctors statement and photos, that his hands suffered no such damage as would be expected of such an occurrence).
The motorcycle rider has admitted to starting everything that happened, and he assaulted my son and myself, yet the police predetermined my sons guilt immediately due to the fact that he had self harmed himself with a knife.
There is a lot more to this with many discrepancies including no drug/alcohol testing and the motorbike rider being aloud to leave the scene because the media showed up (and he didn't want to face them) his statement was not taken until the next day.
My son is aware that it could all go bad, but we honestly feel he should not be charged on any of the counts when all the facts and the "victims" actions are taken into account.