Tuesday, October 27, 2009

When In Doubt Back Out On A Technicality - Walter Shapiro

“TECHNICALITY, n. In an English court a man named Home was tried for slander in having accused his neighbor of murder. His exact words were: "Sir Thomas Holt hath taken a cleaver and stricken his cook upon the head, so that one side of the head fell upon one shoulder and the other side upon the other shoulder." The defendant was acquitted by instruction of the court, the learned judges holding that the words did not charge murder, for they did not affirm the death of the cook, that being only an inference.”

-Ambrose Bierce

Oh technicalities how our courts do love them so but, don't get me wrong I'm not here to criticize our court system. It is the prosecutors who deserve the blame for the latest in the comedy of errors that is our court system.

Bowen cleared in road death

It would seem to me that the issue revolves around the breathalyzer test that determined whether Bowen was in fact drunk or not. Somehow the prosecution managed to have their case thrown out because of some lack of paper work or some other legal technicality that would probably go straight over my head if explained to me.

I don't mean to suggest that the prosecutors don't have an extremely difficult but, we need to step up a bit here Bermuda. We can't leave these important cases in the hands of people who are making mistakes like this.

I am hoping that when further information becomes available this will become less of a shock to me and perhaps it will even become understandable but... You know about me and...


Wishful Thinking

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