Debtor sitting in a car is NOT obstructing a bailiff

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jasonDWB
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#1 Debtor sitting in a car is NOT obstructing a bailiff

Post by jasonDWB » 03 Feb 2016 16:34

A prosecution at Macclesfield Magistrates court against a defendant for obstructing an enforcement agent has failed.

A further charge of assaulting a police officer is to be re-listed for a new trial. The prosecution was unaware a bystander had taken a mobile phone video showing the police officer assaulting the defendant by attacking him from behind after he exited the vehicle and someone else got in and re-locked it.

They had relied on the bailiffs bodycam video but this was found to have been redacted because the audio chronology did not match the video taken from a bystander. Some 30 seconds of video was missing from the bailiffs video evidence.

Costs have been applied for, subject to taxation. A civil claim against the council will follow shortly. It will most likely be passed on to Jacobs as it was their bailiff involved.


Noteworthy points:

The debtor was sitting in his car preventing the bailiff from taking control of it, but this action by itself did not amount to obstructing an enforcement agent.

The bailiff's bodycam footage was considered unreliable because a bystander mobile phone video showed it has been doctored at some point before it was given to the Crown.

Jacobs also frustrated efforts to get a copy of the original footage.

A police officer used handcuffs on the defendant unlawfully in the heat of the moment and was caught on camera by a bystander, but missing from the bailiffs bodycam footage.

The vehicle was removed for two weeks until it was returned following a successful interpleader claim. A claim for unlawful deprivation will start shortly.

Jacobs made a further factual error by charging £110 sale stage fee because it believed that attending with a truck without removing the vehicle to a place of sale, invoked the fee. The fee only applies when the vehicle is loaded on the truck.
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worried
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#2 Re: Debtor sitting in a car is NOT obstructing a bailiff

Post by worried » 11 May 2016 21:46

Very interesting. Thank you for sharing.

Mark1960
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#3 Re: Debtor sitting in a car is NOT obstructing a bailiff

Post by Mark1960 » 11 May 2016 22:09

I think I'm aware of this one. Was it the one where the bloke goes into a house/flat, while the car is outside?

Did the CPS attempt to proceed with the obstruction charge or withdraw it before/after pleas were entered?

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#4 Re: Debtor sitting in a car is NOT obstructing a bailiff

Post by jasonDWB » 11 May 2016 22:21

Thats the one, fail on obstruction, but a re-list for July 2016 for assaulting a police officer. Both not-guilty pleaded.

The bystanders video (might be in members) shows the constable attacking the defendant from behind, and there is evidence the Jacobs bailiff doctored his own bodycam video evidence by deleting about 5 seconds of footage. The comparison of the audio track on both videos proves a 5 second gap in the bailiffs video evidence, so the prosecution is unlikely to succeed.

I will be both playing videos on court monitors to prove to the court, the missing 5 seconds from Jacobs video evidence they gave to the CPS. The bystander who took the video is a defence witness.

It is now too late for Jacobs or the CPS to amend their evidence.
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