Tag Archives: solicitor

Why is taxpayers’ money being spent helping policemen become comics?

(This blog was also published in The Huffington Post)

We are in an economic recession. Even without that, life is tough enough for the aspiring stand-up comedian without policemen trying to muscle their way into the act.

Yesterday, the Metropolitan Police’s Assistant Commissioner John Yates and former Metropolitan Police Assistant Commissioner Andy Hayman were questioned by the House of Commons’ Home Affairs Select Committee about the fact they had claimed there was nothing to investigate when News International papers were accused of phone hacking.

In 2009, John Yates carried out an ‘investigation’ into a previous 2006 phone hacking investigation. His ‘in-depth’ investigation lasted a whole eight hours (presumably including a lunch break) after which he decided there was nothing to investigate.

He had not bothered to examine several bin bags of incriminating paperwork seized from the home of private detective Glenn Mulcaire nor read the 11,000 pages of evidence held inside Scotland Yard which included the fact that both future Prime Minister Gordon Brown and future Chancellor of the Exchequer George Osborne had been hacked.

His defence yesterday for what, on the face of it, was a breathtaking lack of investigation was that he could not investigate the allegations against News International properly because News International would not co-operate with him.

This is a bit like saying that the police could not investigate the Yorkshire Ripper killings because the Yorkshire Ripper would not send them information incriminating himself. If I ever commit a major bank robbery, I would want John Yates to be the investigating officer.

John Yates is Scotland Yard’s new head of counter-terrorism and Metropolitan Police Commissioner Sir Paul Stephenson says that Yates “currently undertakes one of the most difficult jobs in UK policing and is doing an outstanding job leading our fight against terrorism.”

I don’t know if I am alone in finding that this – far from reassuring me – makes me feel even more uneasy and unsafe. Presumably he would have difficulty investigating a planned terrorist attack if al-Qaida did not co-operate with his investigations.

We value tradition in Britain. The Metropolitan Police appear to be continuing a long tradition of being staffed by would-be dodgy double-glazing salesmen. Though I have to be careful because I would not want to be sued for defamation by dodgy double-glazing salesmen who might object to being compared to the Met.

Andy Hayman – whom Commons committee member Lorraine Fullbrook called “a dodgy geezer” – was in charge of the original phone hacking enquiry at the Met.

While ‘investigating’ the accusations against News International papers of phone hacking, Hayman (who had wanted to be a journalist when he was younger) had dinners with News International executives (one wonders if he would have dinners with bank robbers while investigating alleged bank robberies) and, on retiring from the Met after reported ‘controversy about his expenses’, he was given work by News International – writing for The Times.

An article in today’s Independent describes the Hogarthian scene in the House of Commons’ committee room yesterday:

When Ms Fullbrook asked him (Andy Hayman) whether he’d ever taken money from a paper in return for information, he threw his arms into the air, as in a Feydeau farce: “I can’t believe you asked that!” And: “I can’t let you get away with that! Taking money?” He was gasping; speechless; eyes bulging. Julian Huppert had observed mildly: “Other policemen have.” Hayman cried something about his integrity and seemed on the point of scrabbling at his chest. The whole room was laughing – at, not with; scornful, down-the-rabbit-hole laughter at a figure who not long ago was defending 90 days of detention without charge. He was, in Keith Vaz’s words: “More Clouseau than Columbo.”

Last week, the London Evening Standard claimed that “Assistant Commissioners Andy Hayman and John Yates were both scared the News of the World would expose them for allegedly cheating on their wives if they asked difficult questions of the Sunday tabloid.”

Previously, Labour MP Tom Watson had used parliamentary privilege to say: “John Yates’s review of the (private detective Glenn) Mulcaire evidence was not an oversight. Like Andy Hayman, he chose not to act, he misled parliament.”

In a blog back in February, I mentioned that Margaret Thatcher’s solicitor – a partner in a major law firm – once told me he would never put a Metropolitan Police officer in the witness stand without corroborating evidence because you could never be certain a Met officer was telling the truth.

Likewise, the owner of a prominent detective agency who employs ex-SAS troopers etc, told me he never employs ex-policemen because you can never trust them.

I am not particularly outraged that the News of the World was hacking into people’s phones – they allegedly bugged both John Yates and Andy Hayman’s phones while the dynamic duo were allegedly investigating the News of the World for phone hacking – I am not even surprised that a policeman was flogging the Royal Family’s personal phone and contact details if he was paid enough – but I am outraged that the taxpayer appears to be footing the bill for policeman apparently attempting to build their performance skills for a future career in stand-up comedy should this ‘police job thing’ not work out.

1 Comment

Filed under Comedy, Crime, Newspapers, Politics

The vagaries of life with a talented dead performance artist stroke comedian

After a morning involved in the intricacies of the English legal system – even with my shit-hot media solicitor who combines a fearsome reputation with a sense of humour and a love of Jonathan Swift – you need something different.

And I got that this afternoon.

Last month, I blogged about the death of performance artist cum comedian Ian Hinchliffe whose life is to be celebrated this Saturday (2nd July) at Beaconsfield arts studio in London.

The six-hour event – which I suspect may stray somewhere along the way into the area of a 1960s-style Happening – is being called Ian Hinchliffe: The Memorial and will probably (one can never be too certain about these things) start with a performance by Tony Green at 2.00pm.

The whole caboodle – music, comedy, art and mayhem will include a fully-restored screening of bizarre 1979 film The Poppy Seed Affair and should finish by 8.00pm

A generation ago, probably around 1990/1991, I was persuaded by the late, great Malcolm Hardee to go with him to see Ian Hinchliffe and Tony Green perform at a now long-forgotten comedy night called T’others at The Ship in Kennington, South London. I shot a video of part of the evening, but could not remember what was on it.

It has been twenty years, I have a shit memory and I had never used the video anywhere nor had I seen it since, largely because I have no way of watching the outdated Video-8 format it is on.

So, last week, I got the tape transferred by the redoubtable Stanley’s in Wardour Street, Soho, and it does indeed show Ian and Tony performing with glimpsed shots of Malcolm sitting in the audience and – no surprise here – going to the bar for a drink.

This afternoon, I gave two clips of Ian Hinchliffe’s performance to man-about-the-arts Roger Ely who seemed remarkably coherent for someone who only returned home yesterday, sleepless, from Glastonbury with a deep cut on his finger from accidentally stubbing his forefinger on an open razor in pitch darkness, very sore legs which never did get used to being pulled out of the mud for three days and tales of a great performance by B.B.King and the glory that was and still is The Crazy World of Arthur Brown.

Roger is organising Ian Hinchliffe: The Memorial which is a brave, if not foolhardy, thing for him to do.

But, then, he is not short on bravery. In earlier days, Roger did share a house with Ian Hinchliffe for a couple of years and was only slightly nonplussed when Ian pushed him out of a car at 70 mph. Such are the vagaries of life with a talented performance artist stroke comedian.

Saturday should be an experience.

Leave a comment

Filed under Art, Comedy, Drugs, Theatre

The English court system? Don’t make me laugh. Tell the very dead Stefan Kiszko it works…

Today I was supposed to be starting jury service in St Albans but, a week or so ago, they told me I had been cancelled because they had “too many people”.

The same thing happened last year. I was cancelled due to too many people.

So, this time because, as they said, they’d “messed me around”, rather than automatically re-schedule me, they gave me the choice of either being rescheduled again or being excused jury service completely this time round.

I chose to be excused.

I was in two minds about the whole thing anyway.

On the one hand, it would have been interesting to see the jury system (not) work first hand. One person I know who served on a jury in South London told me it was virtual anarchy with jury members not understanding or not being interested in large swathes of evidence and one jury member repeatedly turning up late for the deliberations on innocence or guilt because she “didn’t think it was important”.

On the other hand, I would have been very loathe myself to find any accused person guilty because there is no telling what is being hidden, lied about and distorted in the presentation to the jury. The object of the English court system is not to find out who committed the crime but to decide which of two highly-paid advocates – Defence or Prosecution lawyer – presents their evidence better and hides evidence better. It is like judging an ice-skating competition with imprisonment as the top prize.

Plus, I would not want to convict on uncorroborated police evidence.

Margaret Thatcher’s solicitor – a partner in a major law firm – told me he would never put a Metropolitan Police officer in the witness stand without corroborating evidence because you could never be certain a Met officer was telling the truth.

Likewise, the owner of a prominent detective agency who employs ex-SAS troopers etc, told me he never employs ex-policemen because you can never trust them.

The story of the framing by West Yorkshire Police of Stefan Kiszko, his disgraceful trial and his wrongful imprisonment for 16 years should be taught to every schoolkid in the UK.

It is an illustration of the English court system, not an exception.

1 Comment

Filed under Crime

The English legal system: Justice reduced to the level of The X Factor and Britain’s Got Talent

I have to do jury service next month. That should be interesting.

The basis of the English legal system is that the accused is guilty unless he can (afford to) prove himself innocent. The police investigate a case and find the person they believe (or claim) is guilty. The state’s prosecution system then decides if there is enough evidence to convict and, if there is – ie if the defendant is presumed to be guilty – then the accused person is prosecuted on the basis that they are guilty. The state pays for a prosecution lawyer whose job is to get a guilty verdict; if he/she spots anything that may imply innocence, it is his/her paid job to prevent it being presented to the court.

Under the English legal system, the prosecutor is paid to mislead the court on the evidence, to hide evidence which may prove the innocence of the defendant and to prevent the Defence from presenting any evidence which will reveal anything which may show the innocence of the defendant. That is his paid job. The defence lawyer is paid by the defendant himself/herself to get an innocent verdict and to hide anything which might show or imply guilt.

The jury’s job is not to investigate the facts nor to decide if the accused is guilty or innocent. Their job is to decide which of the two well-paid lawyers present a better case. The object is to vote on whether the defender or prosecutor is better on style, content and presentation, much like competitive Ice Skating but without the numbered cards you hold up. It is justice reduced to The X Factor or Britain’s Got Talent.

I remember a case in which a jury member spent his spare time going to the crime scene and talking to witnesses outside the court. The judge threw him off the jury and told him it was not his duty as a jury member to investigate the case but to decide a verdict only on the evidence presented. I think the jury member was threatened with Contempt of Court.

The lawyers who present the case? They have spent about seven years in an academic institution being trained in the art of legal lying, falsification of evidence and misleading the court. Which is why politicians like Tony Blair and Bill Clinton are often ex-lawyers. They were highly-trained as liars.

The result of all this? Lots of guilty people escape conviction and lots of innocent people get imprisoned, sometimes for decades.

There is also the fact of widespread police corruption across the UK.

On 27th September 1998, the Sunday Telegraph revealed in an article written by Geoffrey Seed and Alasdair Palmer that it had obtained “the minutes of a meeting organised by the National Criminal Intelligence Service (NCIS), and attended by 10 of Britain’s most senior officers and policy makers”. The minutes stated that “corrupt officers exist throughout the UK police service” and the NCIS’s Director of Intelligence said that corruption may have reached “Level 2: the situation which occurs in some Third World countries”.

I was once told by Margaret Thatcher’s lawyer that he would never put a Metropolitan Police officer in the dock as a witness unless what he said could be corroborated by another witness: the possibility that the policeman was lying was too great to risk.

The object of the English adversarial system is to win the debate at all costs including justice. Added to this, there is the fact all police evidence must be suspect.

The English courts do not provide justice. They play a game with people’s lives in which innocent defendants are found guilty of crimes they did not commit. This is no accident. It is an inevitable result of the current English legal system which is adversarial not investigative.

Leave a comment

Filed under Crime

“Killer Bitch” and the ‘F’ word and the ‘C’ word

I was once (well, twice actually) prosecuted in Norfolk in the mid-1990s for telling a solicitor that his client was a “fucking cunt”. I was prosecuted not for insulting his client but under the Malicious Communications Act 1988 on the basis I had told him with the sole purpose of causing him (the solicitor) “distress or anxiety”. Clearly he was a solicitor of rare sensitivity.

In his summing-up, the Appeal Court judge at Norwich Crown Court (yes I lost the case twice) said the word “cunt” was “clearly obscene” – although I had not been charged with using obscene language and a decision based on that would seem to overturn the decision in the Lady Chatterley’s Lover trial of 1960.

I am also old enough to remember someone getting arrested in the late 1970s for walking down Carnaby Street wearing a promotional teeshirt for Stiff Records with the printed slogan: IF IT AIN’T STIFF, IT AIN’T WORTH A FUCK.

So… I’ve always taken an interest in swearing and what may or may not be offensive.

Last night, I went to the event “A Celebration of Swearing and Profanity” at the British Library.

Six years ago, as a work of art, Morag Myerscough and Charlotte Rawlins created a pink neon sign with the question HAS ANYBODY SEEN MIKE HUNT? The British Library included this neon sign in an exhibition, but positioned it in an out-of-the-way spot at the top of the building for fear of offending passers-by. Today, six years later, the British Library feels no need to do that. What is considered offensive has changed and the word “cunt” is uttered on BBC Radio 4 at breakfast time without sackings or resignations following. It is said times have changed.

Yet, earlier this year, two supermarket chains refused to stock the movie I financed – Killer Bitch – unless the title was changed. They both found the title Killer Babe to be totally acceptable, but the title Killer Bitch to  be totally unacceptable – though it seems to me that “babe” is more sexist and more offensive than “bitch”. (It didn’t matter in the long run because, when they saw the movie itself, they found the content even more offensive and refused to stock it – as did others – so we reverted to the original Killer Bitch title.)

Anyway, if times have not yet changed, they may be in the process of changing.

BBC Director General Mark Thompson is said to have told an internal group with some pride that one transmitted episode of the sitcom The Thick Of It was only “four short of 100 fucks”.

An interesting idea from last night’s British Library event was that “fuck” and “cunt” and sexual swearing in general have lost their impact and that the taboo swear words of the future are likely to be racial and religious words.

Already, the word “cunt” is less unacceptable than it was only a few years ago, but the word “nigger” is now more unacceptable – though it was perfectly, innocently inoffensive as a pet dog’s name in the 1955 movie The Dam Busters.

Surely we should encourage more swearing and more creative descriptive use of the language?

Last night, I was particularly impressed by one Viz reader’s use of the phrase “bangers and mash” to describe the soggy, mingled mess of used toilet paper and human excrement left in the water of an unflushed toilet pan.

Which brings me back to that bloke I described as a “fucking cunt” in the mid-1990s…

He was and still is bangers and mash.

Just don’t describe him thus in Norfolk for fear of causing distress to the locals.

Leave a comment

Filed under Movies, Radio, Sex, Television