Scooby Snacks 23

Here's the scenario.

My wife got a letter from plod about a few weeks ago saying that her car was reported in a failing to stop after an accident at 5pm back in May. Whilst the number plate was correct, she was 15 miles away at the alleged time, although she did use this road shortly before 6pm (perhaps about 5.55 on her way to my son's nursery).

She subsequently phoned the police to question it and they said that someone had reported her for smashing a wingmirror on a car in a road near my son's nursery. Anyway, she wrote back to the police confirming the car was with her 15 miles away at that time and date, and provided documetary evidence also (a letter from her boss confirming she was interviewing, confirmation from her IT department that she didn't log off her computer until 5.01pm and confirmation from security that her car was seen driving out of the carpark at 5.05pm.

The police were happy with this, and 'closed the case'.

However, we received a call from the police the last week (followed by another letter) to say that the witness had now changed the time to "between 5pm and 6pm". She now can't say that she wasn't in this road between 5pm and 6pm because she knows she was there at about 5.55pm (but didn't smash anyones wingmirror).

My question is this - can a statement be changed in this way? I wouldn't of thought this is right.

Any leagle beagles (or plod!) care to make a comment.

brumdaisy

FFS talk about wasting police time! If it was me I'd go back to the police and demand that they are a little more precise with their timings - Over an hour period I could been seen at any number of places on cctv/cameras - petrol station, shop, traffic lights, high st etc so unless they want evidence from each and every site they need to narrow it down somewhat.

Amazing how the person who reported it remembered to get the number plate but cant approximate the time to less than an hour

sorry no legal advice, just what I'd do

mad_dr

Sounds very unfair to me - if the 'witness' is simply going to alter their testimony to suit the circumstances, what chance of being innocent does anyone have?

Ask whether because the witness has changed their timings, can your wife change hers?

Besides, whether she WAS there at the time or not, doesn't mean she is guilty of ANYTHING - they then need to prove she hit the other car, which they won't be able to, given that she's innocent.

AudiLover

tell them to **** off unless they have hard evidence.

stilover

Ask for evidence of the incident. Without any, it's all inadmissible in court.

Ask plod to inspect your wifes car. Get them to check with dealer's if they sold your wife a new wing mirror.

Suggest to Plod that they stop wasting tax payers money, and go and catch a real criminal.

jasey

"Witness" keeps changing their minds until you haven't got an alibi ??

Tell them to **** off !

Scooby Snacks 23

Thanks to all comments - they certainly agree with my thoughts too.

Goochie

A statement that has been changed will get torn to shreds in court.

Leslie

Yes trhe best advice is to get proof that there is no corresponding damage to your wife's car.

Les

Scooby Snacks 23

I checked them last night and they're spotless, not a scratch on them.

Mind you, they're the old chrome mirrors (Audi S3) so they're a bit tough

EVOLUTION

dont forget what this is about here, its not the damage, thats a civil matter as there was no third party injury.

ask them 1 question and 1 more only...

ARE YOU CHARGING ME OR NOT?


Simple mate, CPS will not go through with that case, i cant say %100 as there are no definates, but come on, any solicitor will have this case halted long before it even gets to court.


hope you get sorted soon enough



john

Wish

iTrader: (2)

Did she knock someones wing mirror off ???

fatherpierre

Contest it.

CPS will not authorise any prosecution if there's any doubt over evidence resulting in a prosecution.

Scooby Snacks 23

Update.

Got home last night and there's a little card from Surrey Police to say that we called to see you but no one was in, please contact us re RTA in May 2006

I rang on behalf of the wife and spoke to the guy who left the card - apparently, they want to interview her about the accident (alleged accident I kept reminding him). She's not being arrested, but it's a yes/no interview to obtain the facts (that they've already had in writing). I've asked to be there and they have accpeted that, but I'm not allowed to answer for her or make any comments on her responses.

I cannot believe that it has got this far - WTF are the police doing?? This is such a waste of police time it's untrue.

I know it's their job to prove her guilty which they CAN'T do, so why are they wasting so much time on something a trivial as this.

I am extremely angry about it all :

davegtt

For all the stress its worth just offer to pay for the wing mirror and tell them to **** off

DCI Gene Hunt

No but you can advise her not to answer questions and you are allowed to offer advice etc.

Best you get a brief to accompany you..... sounds fishy to me

STi wanna Subaru

iTrader: (1)

I'd refuse to go down. I'd tell them to come to me and charge me if they have the evidence. Put the ball firmly in their court.

stilover

And if you were a real criminal stealing cars, burgling from houses, mugging old women or killing someone, you'd be safe in the knowledge plod was spending all their time chasing non-existing cases.

Police are too quick to go for normal law abiding citizens than tackle real crime. Again, they wonder why people have little respect for the police force these days.

Scooby Snacks 23

They are coming to our house tomorrow as I pointed out that we won't be inconvenienced.

Scooby Snacks 23

Worringly, it sounds fishy to me to, but I take your point about being allowed to advise her etc. We have no intention of getting a brief involved - after all she's done nothing wrong!

Leslie

Tell the coppers that if the witness's memory is that bad then her evidence is not worth a candle!

Les

alcazar

iTrader: (2)

If it were me, I'd answer "No comment," to every question, and let them do their worst. It'll be chucked out by cps anyway.

Alcazar

Hanley

When the plod arrives.......smash his wing mirror!!!

cheesey_555

Better to show full co-operation and bite your lip at this time, as this will help establish the fact that you have nothing to hide. Also mention that you have been willing to provide more that enough "Hard" evidence as to your where abouts on the day and times in question. And that it is only fair that someone making acusations about you, should offer more than what can be seen as flimsy evidence, and an altered and therefore very weak statement.

3times

when plod arrive tell them that your wife is out as she needed to mug someone to feed her drug habit as this is perfectly acceptable......................however allegedly knocking someones mirror 5 months ago is not.

miltski

i though police wouldn't get involved unless the collision was one involving a personal injury, i know that both parties have to exchange details in event of a collision, but if your wife's mirrors are undamaged, then even if she had damaged the other car, how would she now, and how would the other party proove that she had done the damage(of course all in a civil court) the whole thing would probably be done in small claims and would cost the other party about £90 just to get it to court, then like others ahve said, they would have to proove that your wife was to blame, and if they can;t remember what time the alleged collision happened, then how would they be bale to stand in court against a barrister!!!!1
don't worry the plods may just be bored!!!

sociopath

Well? Did she?

I know if someone smashed my wing mirror off I'd want the police to hound them mercilessly.

Varboy

No, that is wrong (as I found out to my personal horror) this offence (if the CPS decide to run with it) will constitute an AC10 and AC20, ie failing to stop and failing to report an accident, the Police are trying to get evidence of a criminal case here.

B**tards

Sorry but if you are an easy target you'l get stitched, we all do it ourselves in our own jobs (ie do the easy work first) why should the Police be any different.

Daryl

From what you have said, it sounds as though the interview will be taking place at your home. Your wife should ask if they suspect her of committing an offence. If the answer is no, then she should say that, unfortunately, she cannot offer any additional information and has already been as helpful as she can be. Ask the officer to notebook it, then she should read his notebook and sign and date it as a true account of what was said. Refuse to get drawn in any further.

If he says she is suspected of committing an offence, he must caution her and offer free legal advice. She should then make no further comment until they have provided her with a brief - which will be very awkward away from the police station. It is entirely possible that he would try to make veiled threats about having to go to the police station if she wants a brief, or even that he may have to arrest her! She should be firm and insist on staying where she is and on speaking to a brief- it would be unreasonable to expect her to go to the station and unlawful to arrest her at this point.

One other piece of advice - record the conversation. As long as you tell the officer that you intend to record it, you are perfectly within your rights to do so. In fact, as soon as he steps through the door, have the tape recorder on and make sure it stays on, whatever he says!!