Prajna in court

Prajna in court

Postby Prajna » Mon Apr 15, 2013 11:47 am

We've just put up a new blog post, to invite those local to Liverpool or within easy travelling distance for a 'fun day out' at Liverpool CJC on Wednesday afternoon.

Here's the text of the post:

This Wednesday the 17th April Prajna is on trial for refusing to take a drug test, having been unlawfully arrested and detained for a ‘trigger offence’ (shoplifting, for which all charges were dropped as no evidence – unsurprising given that he’d not been shoplifting). Prajna and Kali were both violently kidnapped by an excessively violent police officer and will be presenting audio and video evidence that their ‘arrest’ was unlawful, and that this current prosecution is malicious and instigated only to justify an unlawful, excessively violent arrest.

Kali has been warned that to use the audio evidence may result in her being arrested for a ‘public order offence’ because she swears on the audio, even though the incident happened over 6 months ago and took place in private, and despite the fact that she was held for 23 hours before being released without charge
This threat is obviously intended to deter the couple from using evidence which categorically demonstrates the original arrest to have been unlawful – Kali can be heard in the audio questioning the police, (who at the time were beating and assaulting Prajna) regarding the necessity for arrest and asking at what point the arrest became necessary… questions which were met with dumb silence from the police officers.

Prajna and Kali feel that it would be wise to have as many witnesses as possible at the proceedings this Wednesday afternoon given the warnings/threats already made by their solicitor.

Regardless of the need for witnesses this should prove an interesting and informative day out for any who care to attend. ;)

fond regards,
Prajna & Kali
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Re: Prajna in court

Postby musashi » Mon Apr 15, 2013 1:01 pm

I was there, Prajna Pranab, and I saw you deliberately thrust both your hands way up behind your back, bend over double, and force those innocent constables of the law to run behind you just to get to their own police car!

And you, Kali Pranab, I saw and heard you using real words with threateningly creative spontaneity, sarcasm, irony and in question form! The frightened police were concerned that you might get desperate and use the force of an intellectual argument to facilitate your escape.

These well trained and eperienced lawmen, however, did not rise to your fiendish provocation and, with the tolerance and indulgence for which they are justly famed, invited you both back to their hostelry for rest and refreshment and where you could continue the discussion in comfort and privacy.

I saw it all from a dark corner of the car park where I was cowering behind a spliff.

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Re: Prajna in court

Postby huntingross » Wed Apr 17, 2013 9:02 am

may result in her being arrested for a ‘public order offence’ because she swears on the audio


Prajna, you may have already considered this case which bears similarity -

http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/daniel-harvey-v-dpp.pdf

It was well reported in the press, it's not an offence to swear at the police. The statement simplifies what was said but is basically correct.

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Re: Prajna in court

Postby treeman » Thu Apr 18, 2013 6:43 pm

Any updates brother.
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Re: Prajna in court

Postby Prajna » Fri Apr 19, 2013 9:25 am

There are indeed updates, but first, Musashi, fuck, where's the 'like' button!

Huntingross, thanks for the tip. As a matter of fact (and probably as a matter of law) a prerequisite of a 'public' order offence is possibly that the offence has to be committed in 'public' rather than in a room containing oneself and two police constables, who, legal precident suggests, should be able to withstand being told to their face in uncompromising language how they are presenting themselves.

So, here's what we posted to the blog:

Thanks to all our dear friends who supported us and sent good vibes. This is what your vibes achieved:

1. The prosecution caved in at the 1st opportunity.
2. The judge gave the police a good ticking off.
3. Prajna was exonerated.
4. Case dismissed.

The court was very careful to avoid the matter of false arrest, which in itself would have won the case for us had it been addressed, and found a technical error in the PACE procedure, where the police had been informed that I wished to see the duty solicitor but pressed ahead with the procedure for obtaining a drugs sample despite not having obtained legal advice for me. Despite protestations from the prosecutor that in drink driving offences there is a ton of case law to suggest that police are entitled to overlook such considerations, time being of the essence because alcohol is metabolized quickly, and, he insisted, such cases were indistinguishable from this, the judge judged that on the contrary such cases were distinguishable in that class A drugs persisted in the system for considerably longer than alcohol and any delay caused by obtaining legal advice - a matter of perhaps a few minutes while they contacted the duty solicitor on the phone - was unlikely to prejudice the test. She said that she also judged that denying me the right to legal advice had prejudiced my rights and that police must behave rather more diligently in the future.

There's plenty more to tell and we will blog it with full orchestration and 4 part harmony when we have time.

We had three wonderful friends who turned up at the court and we were very grateful to be able to share the experience with them. The after-party was most excellent too, thanks in part to the victory but in greatest part to Mally for giving us a little something to celebrate with, 1000 blessings upon him.

Great love to you all. Now it's our turn and we already have legal aid in place with which to begin addressing the assaults, false arrest, unlawful imprisonment, over-holding, breaches of PACE and to recover our expenses, not to mention the marathon series of cases related to Camp Autolift last year.

Watch this space...

Love, peace, harmony & grace,
Prajna & Kali
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Re: Prajna in court

Postby treeman » Fri Apr 19, 2013 9:37 am

:cheer: :cheer: :cheer:
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Re: Prajna in court

Postby MikeThomas » Fri Apr 19, 2013 9:56 am

Well done Prajna and Kali :yes:

Good luck with the rest of it :yes:
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Re: Prajna in court

Postby musashi » Fri Apr 19, 2013 1:09 pm

Well done little brother.

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Re: Prajna in court

Postby Prajna » Sun Apr 21, 2013 2:07 pm

Meant to say, Treeman, I did batter the solicitor about the head with "Police Misconduct, Legal Remedies" and I'm sure that helped. Certainly it has been invaluable for research and it will be whipped out for the subsequent series of cases too. Thank you bro.
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Re: Prajna in court

Postby treeman » Sun Apr 21, 2013 4:20 pm

Prajna wrote:Meant to say, Treeman, I did batter the solicitor about the head with "Police Misconduct, Legal Remedies" and I'm sure that helped. Certainly it has been invaluable for research and it will be whipped out for the subsequent series of cases too. Thank you bro.


Glad it was of assistance bro. :yes:
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