Defamation in Magistrates Court by defendant in his statement

[smudge1954]

If you strongly suspect that your name has been used in a defence statement by your ex partner on a driving whilst disqualified charge and are fairly confident that not only will it be defamatory but very untrue, are you able to ask to see a copy of the statement?

[dh001]

Are you able to expand on how you believe you are relevant in a defence for driving whilst disq?

[Sandy-Wroe]

In a court people can say what they like.
Some years ago a robber told a court he went on the rob because his wife was having an affair with the then PM, Ted Heath. It was reported all over the news.
I don't know how the TV reporters kept a straight face.

[smudge1954]

I believe the defence statement centres around the defendants personal life, our breakup and how it has affected him. Having previously been to court with him when we broke up, I know the lies he will tell and having proved them all as lies last time, ending up with his solicitor dropping him, I can do the same again. More so I am angry that my name may have been slurred again by him.

[dh001]

Hi Smudge: There are only a few 'defences' to driving whilst disqualified and it sounds as if your ex is using the breakup as mitigation as opposed to a defence. Was he actually driving?

[smudge1954]

Yes, he got caught twice for drink driving in Aug and then driving whilst disqualified in December, I think it will be mitigating but my name will be there along with a lot of lies. Am I able to ask to see a copy if my name is on it?

[dh001]

Sorry, actually caught driving.

[smudge1954]

Yes he was arrested, the car was taken as it had no tax, he is accusing the police of stealing it!!

[smudge1954]

What also makes me angry is that both times he was stopped for drink driving, he was still allowed to drive a car that had no tax or MOT.

[bednobs]

i'm sorry i don't know the answer, but in all seriousness, what god would it do even if you could? It would surely just serve to make you more angy - do you really want this nobber still dictating how you feel?

[smudge1954]

Thanks bednobs, I am angry alright I feel the whole criminal justice system has let me down, in that he has got away with so much.

[dh001]

You could try ringing the police and asking to speak to the 'Officer In Charge of the investigation' and explain your concerns to see if s/he will make any disclosure, but I dont think you will have any success.

Intersting that your ex believes the police have stolen his car!!!!

Could be a custodial sentence for your ex.

[dh001]

Perhaps one of the ex-traffic officers could comment.

(My knowledge on traffic is terrible).

[smudge1954]

It just seems wrong that someone can make a statement in court, basically say whatever they like, about who they like without any proof and it is taken into consideration. I know what I will do when I come back in another life, full time criminal!

[smudge1954]

I did question the police and ask why he was allowed to drive the vehicle after drink driving, pending court hearing and the answer was that the info re no tax and Mot was not passed onto them! Twice!?! Perhaps the fact that it was an S class Merc on private plates made a difference!

[Sandy-Wroe]

No tax or MOT on a fancy car with special plates?
Whatever he says in court in mitigation won't cut much ice with the magistrates.

[smudge1954]

I think he got suspended sentence but not sure. The 1 st time he appeared, the day after he was arrested, he passed out in court and damaged his back!! Pity it wasnt his neck, however he is still having treatment and I think he got the sympathy vote. Knowing how he would write his mitigating statement, it would make a Hollywood blockbuster,

[dh001]

If you are caught drink driving and charged, you can still drive until convicted and disqualified by a court (exemptions can apply). I agree with you regarding the MOT and Tax, thats just basic enquiries that you'd expect to have been explored.

[fredpuli47]

This is a problem that the courts face. What a person says in a court proceeding is regarded as protected from actions for defamation. In the trial the defendant can anything untrue in his own defence, however defamatory, if it is material.The same goes for what he says in mitigation on conviction.

The remedy lies with the court itself. The judge will say that he does not accept assertions of a scandalous or defamatory nature about some named individual and will say, in sentencing,that it he does not accept them, and is very likely to. go further saying something like 'You have made certain claims about X , which I do not repeat, in a desperate attempt to mitigate the sentence.I reject those claims. as unsupported and false.They do you no credit'

The press should quote the judge's words, and not give or repeat the claims.

Magistrates should also make clear that they reject such assertions.