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Old 06-25-2008, 12:12 PM
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Default British law is pathetic? Vandalism Victim Arrested

Is British law is pathetic? Anyone from the UK / Sotland want to respond? M

Former soldier arrested for kidnap after his citizen's arrest on yob who pelted
his home with eggs


Go to this link to read the entire article:
http://www.dailymail.co.uk at UK250

Former soldier arrested for kidnap after his citizen's arrest on yob who pelted his home with eggs

Frank McCourt: He says he has been 'put through months of hell'
When Frank McCourt's home was targeted by young hooligans hurling rocks and eggs, he challenged them and told them to leave and never return.

But the next day they came back so Mr McCourt, a former soldier, tried to phone the police but was put on hold for 45 minutes.

At the end of his tether, he grabbed one of the louts by the arm and hauled him inside, telling him he was performing a citizen's arrest.

But it was Mr McCourt who was arrested later that day - for kidnap.

The 57-year-old spent six weeks on bail before being charged with the lesser offence of assault.

The case hung over him for two and a half months before it was dropped just days before the trial when prosecutors accepted there was no realistic prospect of convicting him.

Yesterday, Mr McCourt, a delivery driver who spent 12 years in the Army, said: 'It's utterly disgraceful that something like this can happen in this day and age.

'Gangs of hooligans who are barely out of short trousers can roam the streets unchecked, causing misery for entire neighbourhoods - and if you try and stand in their way, you end up in the dock.
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Old 06-25-2008, 12:27 PM
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That is pretty pathetic. That is some bad justice there.
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Old 06-25-2008, 04:00 PM
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This is a selective article you must remember. Just look at it we do not find out what happens within the house after he dragged the Teen in.
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Old 06-25-2008, 04:04 PM
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Originally Posted by Bosco View Post
This is a selective article you must remember. Just look at it we do not find out what happens within the house after he dragged the Teen in.
You assume something happened?

Don't you think the article would have mentioned it, especially given that all charges were dropped?
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Old 06-25-2008, 04:22 PM
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I do of course presume something happened.

Look again he was charged wit assault. Performing a citizens arrest is perfectly legal under common law(Common law is the system used in the UK and the Republic of Ireland). Also it is not clear what evidence came up in the actual court case.
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Old 06-25-2008, 04:36 PM
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Quote:
Originally Posted by Bosco View Post
I do of course presume something happened.

Look again he was charged wit assault. Performing a citizens arrest is perfectly legal under common law(Common law is the system used in the UK and the Republic of Ireland). Also it is not clear what evidence came up in the actual court case.
Which is probably why charges were eventually dropped and he was convicted of... nothing.
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Old 06-25-2008, 04:37 PM
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Quote:
Originally Posted by Bosco View Post
I do of course presume something happened.

Look again he was charged wit assault. Performing a citizens arrest is perfectly legal under common law(Common law is the system used in the UK and the Republic of Ireland). Also it is not clear what evidence came up in the actual court case.
I'm just naturally assuming that the Daily Mail is either lying out-right or is concealing some truth, especially when they go to such pains to mention that this guy is an ex-soldier (as if that's relevant) to garnish sympathy for the article.
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Old 06-25-2008, 04:41 PM
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Truth: An allegation of kidnap was made and as such the police followed procedure and arrested Mr McCourt. The accusation stood and as there was evidence to suggest a kidnap the case was brought to the crown prosecution service and was subsequently thrown out when the facts were realised.

Someone tell me what's wrong with that.
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Old 06-25-2008, 04:42 PM
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Originally Posted by Donkey Jote View Post
Which is probably why charges were eventually dropped and he was convicted of... nothing.
But he was charged with assault. The police would not have charged if they had no evidence. The reason charges were dropped is becaus public opinion probably would have seen that "the yob" lose the case.

The British media is particulary against those from local authority estates in the UK and try to dismiss them as "chavs" and "Yobs" without a call to challange the underlying social problems.
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Old 06-25-2008, 04:45 PM
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Quote:
Originally Posted by Bosco View Post
But he was charged with assault. The police would not have charged if they had no evidence. The reason charges were dropped is becaus public opinion probably would have seen that "the yob" lose the case.

The British media is particulary against those from local authority estates in the UK and try to dismiss them as "chavs" and "Yobs" without a call to challange the underlying social problems.
Too true, words like "chav" are used to demonise the working class and youths in particular and papers like the Daily Mail pander to and create reactionary emotions.
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