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This is purely Assault ,is it worth persuing in court
Rank: New-farer Joined: 3/29/2011 Posts: 63
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Please advise fellow Wazuans whether this case is arguable in court.
A guy is sent by a friend who has just withdrawn kshs.10, 000 from ATM to pay for him rent at the agent’s office. He folds the money, puts in his wallet set off to the office. On arrival, the cashier receives the money, puts inside the drawer and finally remembers that he hasn’t confirmed whether they are valid or not. He later retrieves the straight notes remember not the original folded notes and insist that he has been given fake notes.
When this guy insists that those are not his notes, he lands on him with kicks and blows. So this guy calls his friend to notify him what is going on and because his friend trust him a lot, he told them that he is involving the police but on hearing that, the agents calls the police faster who came immediately, arrest the guy, took him to cell who was later bailed on cash by his friend.
The guy tried to tell the police to open the drawer to confirm that there are no genuine notes which were exchanged for cash but they turned deaf ears. Fortunately, the guy did not touch the fake notes. He late wrote a statement with the police and he is planning to involve a lawyer since he is supposed to appear on court next week.
Can he win the case
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Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
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I think the case is arguable, and 'winnerble'.
Do they have the envelope that had the straight but fake money?
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Rank: Elder Joined: 4/30/2008 Posts: 6,029
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jjred wrote:Please advise fellow Wazuans whether this case is arguable in court.
A guy is sent by a friend who has just withdrawn kshs.10, 000 from ATM to pay for him rent at the agent’s office. He folds the money, puts in his wallet set off to the office. On arrival, the cashier receives the money, puts inside the drawer and finally remembers that he hasn’t confirmed whether they are valid or not. He later retrieves the straight notes remember not the original folded notes and insist that he has been given fake notes.
When this guy insists that those are not his notes, he lands on him with kicks and blows. So this guy calls his friend to notify him what is going on and because his friend trust him a lot, he told them that he is involving the police but on hearing that, the agents calls the police faster who came immediately, arrest the guy, took him to cell who was later bailed on cash by his friend.
The guy tried to tell the police to open the drawer to confirm that there are no genuine notes which were exchanged for cash but they turned deaf ears. Fortunately, the guy did not touch the fake notes. He late wrote a statement with the police and he is planning to involve a lawyer since he is supposed to appear on court next week.
Can he win the case
I presume he is out on bond.Besides the case which will waste his time,why can't he deal with the guy once and for all.There are capable people out there who can assist.
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Rank: New-farer Joined: 3/29/2011 Posts: 63
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@tycho,thanks..notes were not in an envelope,the exchange game was being done inside Cashier's drawer.Question is ,why did he place them inside the drawer before confirming that they are genuine?
@Mawinder,yes,he is out on bond,this event took place yesterday and he is supposed to appear in court on monday morning.All he needs is justice ,please advise us ,how else is he supposed to deal with this guy once and for all?
We shall appreciate
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Rank: Elder Joined: 4/30/2008 Posts: 6,029
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What he is supposed to do is plead not guilty,have an advocate to represent him and you guys raise some cash bail or bond and he will be released and the case will go on.As for him preferring assault charges against the other party,let him not go so much into that due to lack of witnesses.
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Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
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mawinder wrote:What he is supposed to do is plead not guilty,have an advocate to represent him and you guys raise some cash bail or bond and he will be released and the case will go on.As for him preferring assault charges against the other party,let him not go so much into that due to lack of witnesses. Follow @mawinder's advice. But take a photo of the man with all the clothes he was arrested with. Make sure you have some witnesses. Without an envelope, you can build a strong defence.
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Rank: Elder Joined: 7/20/2007 Posts: 4,432
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This is a tough one. Especially since fake currency is frowned at. There are two solutions 1. Talk with the complainant and get it resolved out of court. 2. Just believe he did nothing wrong and get a good lawyer. The problem with a case like this is the fake notes issue. Witness 1: He gave me fake notes You: I did not give you fake notes Your word against his. And contrary to what lawyers say, magistrates do listen to the cops who will say they found you with fake notes in your pocket. My advice: Settle it out of court. He says, she says with these bloody courts isn't a strong card to have with these magistrates. 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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Rank: Elder Joined: 4/30/2008 Posts: 6,029
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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.
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Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
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@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.
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Rank: Elder Joined: 4/30/2008 Posts: 6,029
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alma,you are wrong.It seems wazua has few lawyers if any.The burden of proof is on the prosecution and court proceedings are not as you are putting them, besides cases are decided on evidence presented,witnesses testimony,exhibits,technicalties e.g charge sheet must be drafted correctly or the investigating officer must testify in court among many other factors.Believe me with an advocate it is rare for one to be convicted.
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This is purely Assault ,is it worth persuing in court
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