Sunday 31 December 2017

Justice being done


Subject: Justice being done.


It's fascinating delving into the nooks and crannies of the legal mind, listening  to submissions of "my Learned Friend" and the arcane reasoning of the "Learned Judge" especially if it is the combined wisdom of the highest court in the land.
The case I listened to at random concerned an application brought against the West Yorkshire Police Force, that a little old lady was knocked down as officers arrested a drug dealer in the street. She was suing the police force for damages.
The argument on the Appellants part was that the police had been negligent in not foreseeing, adequately, that she or others might be injured in any fracas that ensued as and when the drug dealer was arrested.
The polices response was that in the normal line of duty a decision had to be made to arrest the man and whilst due notice of passers by was taken it was of the opinion of the arresting team of officers that no harm would ensue. 
Listening to debate at this forensic level is rewarding as it gives us insight into not only the complexity of our actions in relationship to the law but also the laws complexity when trying to cover all its bases.
Language and the precise nature of its use is no better founded than in the intricacies of law where near perfection in an eloquently formulated a statement is not enough. You can be fluent and persuasive but if your grasp of "case law" has caused you to skip a paragraph or two or demand a conclusion different from what the Judges understand, then verbal hell will descend on your shoulders.
There is no quarter given in this verbal tussle and it is as it should be since a persons freedom is on the line. 
The participants, the QC representing a particular line of thought, are extremely well paid and in a High Court appearance, certainly earn their money. The State is usually economical in its representation, represented by only one barrister whilst the Appellant  has a team of highly paid and resourceful legal eagles sitting in court. The State has only one go at placing before the court its argument whilst the Appellants team have chance, not only to state their case first but also the opportunity of rebuttal after hearing the Staes case. 
It does seems slightly weighed in the applicants favour to have their say but I suppose it is also seen, as justice being done.

Happy New Year.

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