Sorry to piss on any parade but I also think the footage can not be used in court
Good luck though
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Ex postie advice please.
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discoinferno
- Posts: 65
- Joined: 27 Mar 2008, 11:57
Mate this case has run for over six months evry possible avenue has been explored including what you say , your telling me that a bonafide solictor has given me the wrong advice?..come oncoaster wrote:Sorry to piss on any parade but I also think the footage can not be used in court
Good luck though
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bogstandard
- Posts: 1074
- Joined: 08 Nov 2007, 06:16
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discoinferno
- Posts: 65
- Joined: 27 Mar 2008, 11:57
Events filmed deliberately or accidentally, and whether relayed to the public or not may be of assistance in
any criminal action or civil action to determine actual events occurring. Video recordings are of value in
showing events, and so the commission of crime where this occurs. Also, they can be of assistance in the
identification of a wrongdoer. Beyond this, video footage of events unrelated to the charge before the court
can be admissible as evidence and serve as character evidence.
Data must not be disclosed to other parties without the consent of the individual whom it is about, unless there is legislation or other overriding legitimate reason to share the information (for example, the prevention or detection of crime). It is an offence for Other Parties to obtain this personal data without authorisation.
Section 36 - Domestic purposes. Processing by an individual only for the purposes of that individual's personal, family or household affairs is exempt from all the data protection principles, as well as Part II (subject access rights) and Part III (notification).
35
Disclosures required by law or made in connection with legal proceedings etc
(1)
Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.
(2)
Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—
(a)
for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
(b)
for the purpose of obtaining legal advice,
or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.
Above quote is in realation to the law and dpa when using video evidence both in prosecution and defnce.....
COASTER Sorry to "piss on your parade" as well BUT THE LAWS IS THE LAW
Should go well, i will (on legal advice )post all the outcomes of both the criminal trial and tribunal and remeber folks to take your phones into work with you ..ha ha ha
any criminal action or civil action to determine actual events occurring. Video recordings are of value in
showing events, and so the commission of crime where this occurs. Also, they can be of assistance in the
identification of a wrongdoer. Beyond this, video footage of events unrelated to the charge before the court
can be admissible as evidence and serve as character evidence.
Data must not be disclosed to other parties without the consent of the individual whom it is about, unless there is legislation or other overriding legitimate reason to share the information (for example, the prevention or detection of crime). It is an offence for Other Parties to obtain this personal data without authorisation.
Section 36 - Domestic purposes. Processing by an individual only for the purposes of that individual's personal, family or household affairs is exempt from all the data protection principles, as well as Part II (subject access rights) and Part III (notification).
35
Disclosures required by law or made in connection with legal proceedings etc
(1)
Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.
(2)
Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—
(a)
for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
(b)
for the purpose of obtaining legal advice,
or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.
Above quote is in realation to the law and dpa when using video evidence both in prosecution and defnce.....
COASTER Sorry to "piss on your parade" as well BUT THE LAWS IS THE LAW
Should go well, i will (on legal advice )post all the outcomes of both the criminal trial and tribunal and remeber folks to take your phones into work with you ..ha ha ha
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norbert
- Posts: 3027
- Joined: 15 Jan 2008, 01:46
RM Re Every Avenue explored
RM can demand that you supply this primary evidence in a Tribunal proceeding . There was a guy on H***mail that was looking to get out on DDA and he did recordings to incriminate managers which were sensibly backed up to hard drive and CD .His managers thought he was some sort of chav so he played dumb .
Some of the company men /non-union tories /strike breakers didn't like it but !, RM will use Plan B -The Victim and make out that it's you that's being underhand and try and assume the moral high ground which is laughable as we all know . I've no problem with what's been done whatsoever as you can guarantee RM would swear blind that black was white , things would purposefully "go missing " , not get sent out as everything is as we know to a foregone conclusion due to pressure from on high .
RM tend to operate/ investigate in a very rudimentary fashion and work on a military you're only a rating etc , noone is going to believe you etc so you've done right . Their weakness is they tend to go on "certainties " and put a oversimplified structure on things but don't get irony / contradiction .
The other way is to cross examine and attack witnesses credibility , RM are supposed to come out as the good guys and you as the "wrong 'un " trying it on . With a another union I used to go by this rule of thumb : - Is straight ? , is it bent but made to look straight ? , if so how ? , is it bent ? .
I like what you have done as it wouldn't occur to RM that someone would do what you have done but arrogance can be RM's achilles heel , the Solicitor seems to be going for a strategic expose of RM 's "robust " managerial style and it would be interesting to see how RM try and spin/ bully their way out of it .
Some of the company men /non-union tories /strike breakers didn't like it but !, RM will use Plan B -The Victim and make out that it's you that's being underhand and try and assume the moral high ground which is laughable as we all know . I've no problem with what's been done whatsoever as you can guarantee RM would swear blind that black was white , things would purposefully "go missing " , not get sent out as everything is as we know to a foregone conclusion due to pressure from on high .
RM tend to operate/ investigate in a very rudimentary fashion and work on a military you're only a rating etc , noone is going to believe you etc so you've done right . Their weakness is they tend to go on "certainties " and put a oversimplified structure on things but don't get irony / contradiction .
The other way is to cross examine and attack witnesses credibility , RM are supposed to come out as the good guys and you as the "wrong 'un " trying it on . With a another union I used to go by this rule of thumb : - Is straight ? , is it bent but made to look straight ? , if so how ? , is it bent ? .
I like what you have done as it wouldn't occur to RM that someone would do what you have done but arrogance can be RM's achilles heel , the Solicitor seems to be going for a strategic expose of RM 's "robust " managerial style and it would be interesting to see how RM try and spin/ bully their way out of it .
Last edited by norbert on 28 Mar 2008, 13:35, edited 1 time in total.
MURDERERS. Need to dispose of a body? Simply parcel it up and post it to yourself via DHL. You will never see it again.
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discoinferno
- Posts: 65
- Joined: 27 Mar 2008, 11:57
When i first took this job way back when my duties surrounding the contract were somewhat different to what i was actually doing, cant really elaborate on that.
After months of being messed around, again i cant elaborate, i decided that i needed some substantial proof of what is was that was expected of me and the contract i was on.
I decided that i would completely educate myself with the RMs own rules.
Once i did this i was amazed at how much the RM were prepared to move the goal posts and just how many lies they would tell to protect thier office budgets and to clear the mail from that office etc some of the things being told and trained to others would, i think ,shock most posties on this forum , again i cant fully explain it yet but i will .
Remember that old documentry on channel 4 ? Royal mail uncovered?...its where i got the idea from.
Therefore i acted exactly how they treated me, they thought i was some stupid postie being taken for a ride so i played the part for them and started to ask questions for which i already had answers for in case what i was shown to do would ever come back to haunt me, it did and its not my fault...
I carried out thier own directives as trained to me by my superiors , when it went tits up they wanted a pound of flesh and now i bet they wish they hadnt...
After months of being messed around, again i cant elaborate, i decided that i needed some substantial proof of what is was that was expected of me and the contract i was on.
I decided that i would completely educate myself with the RMs own rules.
Once i did this i was amazed at how much the RM were prepared to move the goal posts and just how many lies they would tell to protect thier office budgets and to clear the mail from that office etc some of the things being told and trained to others would, i think ,shock most posties on this forum , again i cant fully explain it yet but i will .
Remember that old documentry on channel 4 ? Royal mail uncovered?...its where i got the idea from.
Therefore i acted exactly how they treated me, they thought i was some stupid postie being taken for a ride so i played the part for them and started to ask questions for which i already had answers for in case what i was shown to do would ever come back to haunt me, it did and its not my fault...
I carried out thier own directives as trained to me by my superiors , when it went tits up they wanted a pound of flesh and now i bet they wish they hadnt...
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discoinferno
- Posts: 65
- Joined: 27 Mar 2008, 11:57
RM can demand that you supply this primary evidence in a Tribunal proceeding . There was a guy on H***mail that was looking to get out on DDA and he did recordings to incriminate managers which were sensibly backed up to hard drive and CD .His managers thought he was some sort of chav so he played dumb .
Mate when this case first came about i kinda prempted that very scenario.Ok when i resigned from my job with the RM(i did this so no action could be taken without my control) what i did was resin and then i took two of the seven video files and converted them into another file format so you can only view them with a certain program , i compressed the file also , however with my letter of resignation i forwarded a dvd data disc with the said files on it to my DOM anfd his area manager as well.Therefore ensuring that both had a copy of such material this was done before i was even charged with wilful delay, if they have not made that information available to the RM investigators..tough luck i say , i even got a receipt for the letter of resiganation etc...
You could say that i presumed what they would do and acted before it happened , believe you and me there are NO stones left unturned on my behalf....
All data i have is backed up on two hard drives plus two dvd discs and i emailed all video files in a compressed format to three seperate accounts and saved the files within those email accounts .
Yep my dom and his two monkey deputies thopught i was some kinda of idiot , trying it on here and there . Sorry to say it will be all at thier costs not mine..Trust me on that one its kinda cryptic...
Mate when this case first came about i kinda prempted that very scenario.Ok when i resigned from my job with the RM(i did this so no action could be taken without my control) what i did was resin and then i took two of the seven video files and converted them into another file format so you can only view them with a certain program , i compressed the file also , however with my letter of resignation i forwarded a dvd data disc with the said files on it to my DOM anfd his area manager as well.Therefore ensuring that both had a copy of such material this was done before i was even charged with wilful delay, if they have not made that information available to the RM investigators..tough luck i say , i even got a receipt for the letter of resiganation etc...
You could say that i presumed what they would do and acted before it happened , believe you and me there are NO stones left unturned on my behalf....
All data i have is backed up on two hard drives plus two dvd discs and i emailed all video files in a compressed format to three seperate accounts and saved the files within those email accounts .
Yep my dom and his two monkey deputies thopught i was some kinda of idiot , trying it on here and there . Sorry to say it will be all at thier costs not mine..Trust me on that one its kinda cryptic...