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A driving instructor who was punched and robbed as she was giving a lesson was left furious and disappointed after a judge told her she was “too believable” to testify against her alleged attacker.
Instead, the judge awarded Denise Dawson £250 from public funds and acquitted the man accused of the robbery.
Judge James Tabor, QC, told the 35-year-old mother of two that she was “honest, utterly decent and brave” but her “impressive” performance in the witness box could sway the jury unfairly.
The case against Liam Perks collapsed because the judge felt that Mrs Dawson’s “three-second” glimpse of the robber was insufficient to ensure a safe conviction.
Perks, 20, who pleaded guilty to an unrelated charge of burglary, had denied robbing Mrs Dawson.
Judge Tabor told Bristol Crown Court: “Denise Dawson was a particularly impressive witness because she showed courage, clarity of thought and was undoubtedly honest. The jury may lend more weight to her evidence than her facts allow. You cannot be sure she got it right . . . had this been the Archbishop of Canterbury’s son, would I have allowed [the trial] to go on? The answer is no.”
The court was told that Mrs Dawson’s pupil Jodie Dickinson, 26, was practising hill starts on the Southmead estate in Bristol in December 2007 when she stalled the car. The back window was smashed by a youth who reached in and grabbed Mrs Dawson’s laptop computer.
Mrs Dawson chased after the youth as he ran off. When she returned to the car another man, whom she identified as Perks, was leaning through the passenger window rifling through the glove compartment. She tried to drag him away but was punched twice in the face by another member of the gang. Mrs Dawson later picked out Perks at a video identity parade.
Mrs Dawson said yesterday that she felt cheated by the judicial system but had no complaint against Judge Tabor. She said: “He was fantastic, but I’m not happy with the system.
“They told me there was insufficient evidence but, if I saw him and can positively ID him, surely that in itself is enough evidence?”
The Crown Prosecution Service defended the decision to prosecute Perks. A spokesman said: “We reviewed the evidence and, in accordance with the Code for Crown Prosecutors, decided that there was sufficient evidence to merit a prosecution.
“After hearing the evidence, the judge made the decision to direct an acquittal. We accept the judge’s decision and have no plans to appeal against it.”
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The judge was correct. This was a fleeting identification, and he was bound to consider the Turnbull guidelines. These include the consideration that a persuasive witness may be wrong. Persuasive but mistaken identification evidence has been led to many miscarriages - see the case of Adolf Beck.
Simon , Richmond, England
This lady was brave and stood up to a coward, she deserved a better outcome!. I have been a Police officer for 13 year's and am disgusted when I see this ridiculous punishment. What is the good in being honest, brave and decent if the only outcome the victim sees is a low monetary punishment.
Paul Sanzen-Baker, Chichester, Sussex
... and let me add to my previous post, the CPS said because she picked him out so quickly, she "could be perceived as being racist."
This is what it's like living in the UK today. This country is suffocating and being destroyed. This lunacy has to stop, why doesn't the CPS do anything about it?
James, London, UK
She was robbed , chases an attacker, gets robbed again and then beaten and gets 250 pounds ? She deserves a medal and police protection and the protection of the justice system.
Mike, Singapore,
"How can we respect a judicial system that worries more about jurisprudence than justice? "
Because without jurisprudence we can have absolutely NO justice.
Scotsgait, Linlithgow, Scotland
What wimps the CPS are to fail to take this case further and appeal. The CPS should be outraged, they should be on every news item because of this. They should be loudly condemning the judge, they should be fighting to get his overturned. What pathetic losers they are to say "we accept it."
Catherine, London, UK
The judge must be sacked. My mother went through something similar: she was mugged in the hallway of her home. She identified the attacker in a police lineup immediately, his hair and tattoos being especially memorable. They dropped the case as "she picked him out too quickly." This is a huge issue.
James, London, UK
Let's ban truth: it can sway a jury.
Let's ban barristers: after all the skill and persuasive skills of one could sway the jury.
Let's ban witnessess: a good witness could sway the jury.
Let's ban evidence: it could prove something to a jury and sway them.
This is totally scandalous. Inquiry now!
Laura Roberts, London, UK
How can we respect a judicial system that worries more about jurisprudence than justice? For how long will we have to tolerate such lunacy?
Barcud, Newtown, UK
Last week The Times reported on how police tracked two burglars back to their house by following their footprints in the snow. If the case had come before this judge would he acquit them, having argued that such obvious tracking leading to the culprits would 'sway the jury unfairly'?
Sean, Surrey, UK
Absolutely ridiculous. Yet another reason why gangs rule the streets and youths turn to crime. There is nothing to stop this sort of crime happening and all this says to gangs is if you are quick and organised there is 'insufficient evidence to prosecute' in a court of law. 3 seconds is long enough!
Alex, Hull, UK
This judge should be removed forthwith. The correct procedure was to warn the jury not to give too much weight to the woman's evidence and then let them decide. That is what they are there for. The judge has no right to make such a decision on their behalf.
Roger Tilbury, Worthing,