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This is purely Assault ,is it worth persuing in court
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alma
#11 Posted : Saturday, January 05, 2013 8:58:23 PM
Rank: Elder

Joined: 7/20/2007
Posts: 4,432
tycho wrote:
@Alma, It is easy to show that the police couldn't have found the money in the man's pocket.

They had been called by a cashier who had checked the money for authenticity.

An out of court settlement may be unnecessary.


Never thought of that my friend.

So it depends on the OB and the witness statements.

If they say that the cashier accepted the money and then checked as the OP has suggested, then a good lawyer has a window of opportunity.

My view is that its too close a shut door to risk you going to Kamiti for.

A good judge would throw out the case. But I still have issues with magistrates in this country.

Even worse, the lawyers.

I agree with mawinder on getting a good lawyer. I also agree with tycho about your chances due to the evidence presented.

But please please get a very good lawyer who should be able to either argue your case in court or negotiate with the complainant. Freedom should never be taken for granted. Seen too many "innocent" people go to kamiti for not taking cases seriously.


Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
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tycho
#12 Posted : Saturday, January 05, 2013 9:00:15 PM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
One can even press for the assault charges and win.
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mawinder
#13 Posted : Saturday, January 05, 2013 9:01:46 PM
Rank: Elder

Joined: 4/30/2008
Posts: 6,029
tycho wrote:
@Alma, It is easy to show that the police couldn't have found the money in the man's pocket.

They had been called by a cashier who had checked the money for authenticity.

An out of court settlement may be unnecessary.

This stage only comes when the suspect is put on defence i.e the prosecution has proved he has a case to answer that is when the suspect defends himself.As for out of court settlement,how can it be done and yet it is a criminal offence to be in possession of counterfeit currency.It is like suggesting when I am caught with cocain e there can be out of court settlement legally.
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tycho
#14 Posted : Saturday, January 05, 2013 9:21:24 PM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
mawinder wrote:
tycho wrote:
@Alma, It is easy to show that the police couldn't have found the money in the man's pocket.

They had been called by a cashier who had checked the money for authenticity.

An out of court settlement may be unnecessary.

This stage only comes when the suspect is put on defence i.e the prosecution has proved he has a case to answer that is when the suspect defends himself.As for out of court settlement,how can it be done and yet it is a criminal offence to be in possession of counterfeit currency.It is like suggesting when I am caught with cocain e there can be out of court settlement legally.


Indeed.
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Lolest!
#15 Posted : Saturday, January 05, 2013 9:38:13 PM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
tycho wrote:
One can even press for the assault charges and win.

you mean damages? Would a court hear a tort case while a criminal case on which it depends is yet to be concluded?
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
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tycho
#16 Posted : Saturday, January 05, 2013 10:04:48 PM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
Lolest! wrote:
tycho wrote:
One can even press for the assault charges and win.

you mean damages? Would a court hear a tort case while a criminal case on which it depends is yet to be concluded?


No.

I am looking at the idea of proving that the assault took place. Proving intimidation and the like.
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Lolest!
#17 Posted : Sunday, January 06, 2013 7:33:14 AM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
mawinder wrote:
Note,from the way the police operate,the matter may be settled by forfeiting the police bond.The police bond at times is a bribe in disguise.

wazua was going to need your streetwise skills and experience.
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
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Elder
#18 Posted : Sunday, January 06, 2013 7:30:38 PM
Rank: Elder

Joined: 9/7/2010
Posts: 2,148
Location: elderville
Lolest! wrote:
tycho wrote:
One can even press for the assault charges and win.

you mean damages? Would a court hear a tort case while a criminal case on which it depends is yet to be concluded?

Yes.
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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tycho
#19 Posted : Sunday, January 06, 2013 11:32:52 PM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
Elder wrote:
Lolest! wrote:
tycho wrote:
One can even press for the assault charges and win.

you mean damages? Would a court hear a tort case while a criminal case on which it depends is yet to be concluded?

Yes.


Like in this situation, won't all statements point towards a crime that would have needed some 'violence' inorder to enforce the law?
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  | | Edit by user: Monday, January 07, 2013 5:44 AM | Reason: Not specified
tycho
#20 Posted : Monday, January 07, 2013 5:48:45 AM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
tycho wrote:
Elder wrote:
Lolest! wrote:
tycho wrote:
One can even press for the assault charges and win.

you mean damages? Would a court hear a tort case while a criminal case on which it depends is yet to be concluded?

Yes.


Like in this situation, won't all statements point towards a crime that would have needed some 'violence' inorder to enforce the law?


I think I now know why the answer is 'yes'. 'Innocent until proven guilty, beyond reasonable doubt'.

Right?
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