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#Post#: 89590--------------------------------------------------
Re: U. Ithsham of Newham Council is dishonest and tells lies
By: Hippocrates Date: September 12, 2025, 4:06 am
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[font=Comic Sans MS]There is an employee of Newham
Who goes by the name of U Istham.
The pigs really fly
One cannot deny.
They really do not give a damn.
[/font]
copyright The Welsh Barred. (sic)
#Post#: 89599--------------------------------------------------
Re: U. Ithsham of Newham Council is dishonest and tells lies
By: ivanleo Date: September 12, 2025, 4:41 am
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[quote author=Korting link=topic=8005.msg89589#msg89589
date=1757667348]
And here I was thinking that ignorance of the law was no excuse.
[/quote]
You're conflating ignorance of the law with mens rea
HTML https://en.wikipedia.org/wiki/Mens_rea.
#Post#: 89602--------------------------------------------------
Re: U. Ithsham of Newham Council is dishonest and tells lies
By: Hippocrates Date: September 12, 2025, 4:56 am
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I feel another petition brewing.
#Post#: 89713--------------------------------------------------
Re: U. Ithsham of Newham Council is dishonest and tells lies
By: mickR Date: September 12, 2025, 2:52 pm
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is this not malfeasance?if so isn't that in itsself a criminal
offence?
#Post#: 89716--------------------------------------------------
Re: U. Ithsham of Newham Council is dishonest and tells lies
By: Southpaw82 Date: September 12, 2025, 3:31 pm
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[quote author=mickR link=topic=8005.msg89713#msg89713
date=1757706760]
is this not malfeasance?if so isn't that in itsself a criminal
offence?
[/quote]
Can you prove, to the criminal standard, that it was done
deliberately?
#Post#: 89717--------------------------------------------------
Re: U. Ithsham of Newham Council is dishonest and tells lies
By: Hippocrates Date: September 12, 2025, 3:34 pm
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In was just going to say: tough to call. The councillor in
charge and/or the parking manager also have some responsibility
in appointing such an idiot and for failure of training.
In any event, they would say the matter has been decided: akin
to double jeopardy perhaps.
Just wait on for the next part of the Southwark story though.
HTML https://www.ftla.uk/the-flame-pit/southwark-bus-lane-website/
#Post#: 89718--------------------------------------------------
Re: U. Ithsham of Newham Council is dishonest and tells lies
By: mickR Date: September 12, 2025, 3:38 pm
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@southpaw82 based on the surprisingly VERY direct accusations
and language of the adjudicator, who was in possession of the
evidence, I would suggest the answer would be Yes.
#Post#: 89719--------------------------------------------------
Re: U. Ithsham of Newham Council is dishonest and tells lies
By: Hippocrates Date: September 12, 2025, 3:46 pm
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The Tribunal is not a criminal court.
#Post#: 89720--------------------------------------------------
Re: U. Ithsham of Newham Council is dishonest and tells lies
By: mickR Date: September 12, 2025, 3:56 pm
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no but the adjudicator is a trained practicing lawyer, and he
came to that decision on evidence before him. that would suggest
to me there was considerable evidence to base the allegation of
misconduct in public office.
#Post#: 89721--------------------------------------------------
Re: U. Ithsham of Newham Council is dishonest and tells lies
By: ivanleo Date: September 12, 2025, 4:13 pm
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To bring a prosecution realistically the police would need to
arrest and interview U. Ithsham, otherwise there would be too
many holes in the prosecution. Mr Walsh made a decision based on
the evidence before him, but a criminal trial would not be
limited to that evidence. For instance, the defence might
suggest that someone else wrote the letter and applied U.
Ithsham's name to the Notice of Rejection. This is not uncommon,
every letter sent by TFL bears the signature of Donna Milton
HTML https://www.linkedin.com/in/donna-milton-3269aa89/
even though
she obviously wouldn't ever get involved in any PCN matters at
all.
Or it might be that some other person told U. Ithsham that they
had carried out the review of the evidence and U. Ithsham was
misled by, and relied on the information from, that other
person.
Mr Walsh pointed out that there was no evidence of any such
scenario so he was able to make an adverse inference, but that
would not stop such a defence being advanced. It is precisely
for this reason that the police interview people when they've
been arrested, to give them the opportunity to advance any
defence and, crucially, invite the court to draw an adverse
inference if such a defence is not provided in interview but
only sprung out of a hat in court (i.e. the Crown can invite the
jury to find that the defence was made up at a later date when
the defendant had had more time to come up with an excuse).
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