by lockey1963 » 1 Dec 2006 16:09
If this was a true account of goings on, from a legal perspective i can see a number of inconsistencies that would leave any prosecution invalid.
1) by what authority was a search of the alleged offenders van carried out, any search by MLA or by a member of the public would constitute an ilegal search, so not admissable in court.
2) As no crime has been reported , no crime has been committed, therefore any name and shame would constitute slander without proper admissable proof being available.
So either this guy was stupid, allowing a search of his van and room when the search is not legal and especially if he was guilty, and even dafter if he allows unproven slanderous remarks to be made about him by the mla.
Also if this is how the MLA are acting , then they themselves need to review their actions, as not the way i would expect an association representing me to act.
It would be interesting to see an mla member or commitee member to post on this, as all a very poor situation indeed, if the event happened then it was badly mismanaged from start to finish, if it did not happen, then i feel for the guy at the center of it.