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Robbery victim too honest ... so judge halts trial
Paul Cheston, Courts Correspondent13.01.09
THE case against a man accused of robbing a woman in a terrifying gang attack was thrown out of court because his victim was deemed to be "too believable" in the witness box.
Judge Jamie Tabor, QC, praised driving instructor Denise Dawson, 36, for being "honest, utterly decent and brave" in giving evidence against 20-year-old Liam Perks.
But he stopped the trial on the grounds that her good character would unfairly sway the jury against the defendant, a self-confessed burglar.
Mrs Dawson, a mother of two, was repeatedly punched in the face when her car was surrounded by a gang of youths while she gave a student a lesson on a Bristol housing estate.
She identified Perks as the man who had leaned into the car and rummaged through the glove compartment while her laptop and mobile phone were snatched.
But the judge halted the trial at Bristol crown court on its first day because it was based solely on the victim's word against the defendant's - and she was too credible.
Mrs Dawson said she felt she had been "kicked in the teeth" by the ruling. She said: "I was absolutely terrified after I heard he had pleaded not guilty and I would have to go to court to testify.
"The whole incident was a nightmare and I felt sick when I was told the trial had collapsed. What more can I do? I positively identified someone from a video ID parade and was prepared to risk everything in going to court but it's still not enough.
"I considered giving up and quitting driving instructing because the attack left me scared but I just love it so much. Whenever I drive through the area I was attacked now I have the windows locked in fear of being attacked again."
The judge told the 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."
He offered Mrs Dawson a £250 bravery award for her actions.
In a separate case, Perks admitted conspiracy to burgle for a gang which stole and sold on motorcycles and prestige cars. He will be sentenced for that offence later.
The court was told that Mrs Dawson had been giving a driving lesson on the Southmead estate in Bristol in December 2007.
Her student Jodie Dickinson, 26, was practising hill starts when a gang of youths surrounded the car.
The instructor locked the doors but her terrified pupil froze and stamped her foot on the brake, preventing them driving off.
Mrs Dawson locked the doors but one of the yobs smashed her rear window with a brick, reached in and grabbed her laptop before running off.
Mrs Dawson, who runs Denise's Driving School, chased him and asked for her computer back but he simply clutched it in his arms and walked away. She then returned to her Ford Focus after she spotted one of the youths rifling through her glove box. She later picked out Perks as that man.
Mrs Dawson suffered a broken nose when she was repeatedly punched in the face by other gang members, who ran off with her mobile.
Mrs Dawson said after the trial: "I feel Liam Perks got a better deal out of it than I did..
"I feel very upset - what more do they want? I can't sit there with a camera. How much more evidence can I get? My workload has gone down. It has knocked my confidence."
A spokesman for Victim Support said: "Witnesses and victims expect the court to look after them and it can be a devastating experience, as I'm sure it is in this case, when someone is cleared on a technicality."
Reader views (58)
Here's a sample of the latest views published.
This is absolutely disgusting. I am disgustingly absolute in my absolute disgust at this matter.
Yet again we're shown that the British legal system exists only to punish and disgust normal law-abiding citizens while rewarding criminals with free houses and absolution.
The prisons are like hotels. Some of them even are hotels, with fairly reasonable weekend rates, and at the end of the day, it's tax-paying, blond driving instructors that foot the bill.
They should lock that judge up and throw away the key, then stick her in the judge's box, if she's so honest, then she can decide what happens in the case. The accused can stay where he is, I see no need for him to switch roles at this juncture. Although that would mean there was no witness, so the case might fall through.
- A D Somethingson, Oxford, UK
"this is how tyranny works .."
I'd say sending someone to jail when there's nothing proving them guilty of a crime is how tyranny works
- Dave, Manchester
I work in the legal profession and have done so for many years, although I was not involved in this case, I can immediately see what the judge has done and why, and it is neither 'insane', 'tyrannical' 'twisted' or wrong. This is clearly a case where the only evidence against the defendant would have been the identification of him on a video parade sometime after the offence. There would have been no corroborative evidence. So you will probably say 'well isn't the identification evidence good enough to convict him?' The answer is NO. It's not identification at the scene, it's identification at a later date. What the judge ruled was a well founded legal principle and in fact a perfectly reasonable common sense principle - that an honest witness can still be a mistaken witness. It is not safe to convict somebody on the basis of evidence which may be given in all sincerity that could still be wrong. Would you feel justice had been done if you or a member of your family were convicted on the basis of one person's identification of you - what if they were wrong? How many times have you waved at someone, then realised it wasn't who you thought it was? Interesting, the Crown Prosecution Service agreed with the decision that there was insufficient evidence after the event, if they had taken this legal decision based on the evidence sooner this honest (but not necessarily accurate) lady would not have had to go through the traumatic experience of giving evidence.
- Tracey Dinham, Bristol
Nice to see nobody remembers the basic tenet of any decent legal system - habeas corpus, innocent until proven guilty. The problem is is that it was one person's word against the other, and that's no basis for a good legal system. If this had been allowed to go on, it could lead to a slippery slope and it could end up with people like you and I being carted off to jail for crimes we didn't commit because the one 'witness' on the other side is a better actor than you. Sure, it's an extreme result, but it's a logical one, and while I don't doubt the woman's honesty and integrity, it's a fact that the law cannot be held up on the basis of your word against my word. The judge attempted to explain his ruling in such an idiotic way, but the blame really must lie on the prosecution for being presumptive numpties who built a case around the woman's testimony and thought they could win on only that. Surely if the guy was rummaging through her glovebox, there were prints (remember, he didn't steal the laptop or break her nose, he just stole something from her glovebox)? Why didn't they dust the glovebox for prints and present those as evidence? Is it really that hard to back up someone's word with hard evidence if you use your brain?
- Adam, New Zealand
I cannot add further to anything that has already been said above, except ask: What can be done? If I complain about this to my MP, will something get done? What do we need to DO to actually have this judge removed and the legal system brought back into the 21st century?
- Robert Bauer, Chester, Cheshire
What an absolute idiot, what is the world coming too when an honest, hard working person has pointed out a criminal for activates against them and yet a judge (Jamie Tabor) throws out the case on absolute unbelievable grounds. The victim being to honest and trustworthy? Is this man mad; is this not the type of person that we want to encourage and to protect in coming forward to police and highlighting these thugs and criminals? This is the Judge that also lets perverts walk free stating that their victims enjoyed their abuse, lets women walk free after trying to commit murder? This man is not fit to judge and sadly in this once so great legal system of ours he’s not the only one! There are far too many so called lenient judges in our system and I as well as many others ask is not leniency that they show but a twisted loyalty to possible the crimes they maybe committing themselves.
- Andy Harris, West Midlands, UK
this is how tyranny works ..
- Jimb, nazi, germany
This article has reinforced my decision to leave the UK for good, in 1969.
Was I too smart 'cos I saw it coming?
Remember Enoch Powell MP? He was right.
The "Muppits TV Show" was devised after I left the UK. I have always thought that the Muppets came from the US, but I see that I was wrong this time.
They are alive and well in England. At least one of them has even become a judge.
- John Feltham, Townsville, Australia
Just shows who gets the justice within the "Criminal Justice Act"!
- Dave, leicester
I am stunned by this story. I assume this Judge wants everyone who stands infront of him in the future to commit purgery, therefore being unbelievable enough for the case to continue! All depends whether he gets to keep his job, I guess.
- Roy, Devon, UK
Another clear example of how the courts allow criminals to walk free at the expense of the law abiding public. The judge's decision to interfere in the legal process is reprehensible, cowardly and devoid of any decency or common sense.
- Hb, London
Americans take note!
This is where we are headed too if we don't wake up soon!
Corey
- Corey Hawke, Parsippany, NJ, USA
The police do their job, the criminals are taken to court and then this. Unbelievable.
- Denise, Sussex
This is outrageous. I hope this lady take further action and appeals/complains regarding the actions of this cretin.
Surely the function of a trial in court is for a JURY to decide the credibility of both the victim and the offender before it makes a decision. It is for THEM to decide who is believeable and who is not. For a so called judge to make that decision for them is disgraceful. Maybe he had an important prior engagement that this trial was interferring with. How inconvenient.
Looks like we are on the slippery slope to trials with no juries, just judges of this calibre. Very scary.
- Irene, Essex, UK
Many of our leading judges have clamoured for quite some time to be given greater discretion and more flexibile sentencing powers. They constantly whinge and whine about political interference in what they consider to be "their" domain. Cases like this clearly demonstrate that they cannot be trusted with the powers they already have, and to give them more would be sheer lunacy. I would favour greater control and restrictions on what they are allowed to do, and a system of binding statutory minimum and maximum prison sentences for each offence to ensure that justice is done and the public properly protected. In other words less discretion, not more. The law of this country is there for the benefit of all - not to be used to enhance the self importance of our already egotistical judiciary
- D Swann, Leek UK
The preceeding comments, of "PC correct idiot", "unbelievable" and "total idiot", only scratch the surface. It is unbelievable that anyone in their right mind could even concoct such a half-baked reason for refusing an indictment!
- Sheldon, Tijuana, Baja California, Mexico
This judge should not only be forced to apologise to Denise Dawson but he should be sacked with NO compensation and NO pension rights.
As already stated in an earlier comment, it is the jury who decide, NOT an out of touch PC correct idiot who is not worthy of the title JUDGE
- Mike Tranah, Great Yarmouth, UK
Unbelievable!!
I feel so sorry for this lady. To actual stand up for herself, only to be knocked down by someone who should be there for her or at the least remain neutral and let the jury do their job
Bring back Guy Fawkes.
- Neil, Greater London, UK
Absolutely unbeleivable that this person has got off with this crime,I am concerned for the whole country it seems if you are of good character that stands for nothing, but become a thief or a thug then thats ok. This judge is a total idiot.
- Lynn Barrett, bristol england
What is the point of having a jury system if a judge can throw a case out of court because of someone's character?
It beggars belief that any judge actually has the authority to throw a case out of court because a victim or witness is "too believable". It also beggars belief that Judge Tabor actually had the temerity to use such authority.
Surely in any such case as the one against Liam Perks the victim will always be more believable than the perpetrator. This then sets a dangerous precedent which will allow defence solicitors to cite this decision in an attempt to get any similar case (perhaps one in which Mr Perks is once again the accused!) thrown out of court.
This is why we have a jury. The jury is made up of citizens who, between the 12 of them will come to a decision based on the facts (as directed by the judge at the start of any trial and before they leave the court to consider the verdict).
I wonder if this has anything to do with reducing custodial sentences because of overcrowding in prisons or if it is just that Judge Tabor is experiencing the onset of dementia - I mean, what was the comment about the Archbishop of Canterbury's son all about?
- Richard Charrington, Reading, UK
Lawyers make a living out of making their client look good and making the opposition look bad. This seems to be allowed yet being naturally honest and good is not! As far as I knew the Jury always take into consideration the character of the witnesses, defendents and plaintiff when making a decision, in fact judges often ask for character witnesses! This lady was so nice that she came across better than a thug, strange that. Again the rights of the good people of this country are cleared aside to protect the scum. This government has to go very soon.
- Lee Fear, Birmingham UK
I could not believe what I heard on the TV news this morning. How dare this judge come to this decision. He is suppose to uphold the Law of the land and the justice system. I am sure the jurors, picked out (through our legal system) for this case would have been perfectly able to come to a verdict using the EVIDENCE provided and not just because the lady concerned is of good character - this is a slight on all of the jurors concerned and our justice system. This decision by this judge has made me and I am sure most of the Country hoping mad.
- Margaret Boyd, Clydebank, Scotland
This is ridiculous, surely all victims/witnesses are advised to be as honest as possible? Are we meant to aspire to be shifty and shady and unreliable then? something should be done about this, this judge's decision needs to be investigated. is therea possibility that he sent a precedent here too and future judges will also reprimand witnesses for being too honest? This is unbelievable!
- Leila, London
If this really is true then doesn't it brings a whole new dimension to the term "contempt of court". How can anyone have any confidence in the law any more.
When the loonies escaped from the asylum they donned a wig and now sit in judgement over the rest of us.
- Robin Banks, West Sussex
This has to be a joke, Right?
- Douglas Draa, Nürnberg Germany/ Newark Ohio
Surely the question should have been left to the jury, how can a judge tell a victim that she is too honest to give evidence against her attacker. Not having read the trial transcript, this seems to be a perverse decision
- Michael Baker, Cardiff UK
And British justice is supposed to be the best in the world? Another product of NuLab's Lunacy Land.
- Thorrun, Brentwood UK
This is outrageous.
- Denis Groves, Melbourne,Australia
Isn't it about time we the people elect those responsible for dispensing justice. Perhaps then we can put an end to cretinous individuals such as Judge Tabor having such positions of authority.
- Michael, London
Cop out. The judge is there to see a fair trial & therefore he has failed. If he felt the witness was being so truthful then he was confirming the guilt of the plaintiff & even though she was "too credible" should have allowed the case to proceed because after all he is the custodian of justice! This just proves that sometimes the law is an a@3$!
- Gerard Sexton, London/UK
"The jury may lend more weight to her evidence than her facts allow."
What? ...More weight than the word of some thug? So what? I thought that was how the system was supposed to work!
Does this mean that obviously honest, decent people needn't bother giving evidence in court now?
- Croyboy, Croydon
British Justice..Ha..What British justice, once again the victim becomes a further victim of our pathetic court system, I am sick to death of criminals being given the soft touch whilst victims have no support, and to award her a £250.00 bravery payment is insulting to her courage and honesty.
- J Oliver, Crook, Co. Durham
Have I misunderstood something in this case, or has there been a grave injustice to the victim. I certainly hope this case will not end as it has.
- Khaleeq Taimuri, Riyadh, Saudi Arabia
I am astonished by Judge Tabor`s decision. His interpretation of `justice` must surely raise questions of his competence to preside over such matters in the future. What more can a jury expect than a credible and honest witness. The police are often criticised for not building a strong case,the CPS are criticised for not persuing evidence to trial. When it all comes together for once, we have a trial at Crown Court thrown out by a Judge because a conviction seems probable. Apart from the distress to the victim, what message does this send to both potential offenders and those within the Criminal Justice System ? The stronger the prosecution case, the least chance of a conviction ! The jury should decide the merits of evidence, not the Judge. This was a serious offence of robbert and assault, Justice has not been served Mr Tabor.
- John E, Northants
And presumably he would have taken the same view had the victim been another judge!
- David, Lewes, East Sussex
What a travesty of justice.
- Trunk, US
The problem with the deluded is that they are convinced they are right. Judge Tabor will, even if he reads the comments here will dismiss all as ill informed nonsense. It would appear that most holders of high office are not in place through capability, it is the oldest British trait, are you from the chosen ones, the Bertie Woosters of the world, dim and susceptible to brainwashing. In desperate need of oversight the legal profession is corrupted.
- Wills, Soton
The judge must be living in cloud-cuckoo land, and appears to me to be unfit to be on the bench. What more could the woman have done? Pretend she was less intelligent? "Yer, yer honour, I fink it wuz 'im". What a drongo the man is!
- James Wells, Perth, Australia
as always, the system in UK is loaded against 'the man on the Clapham Omnibus'.
What is really sad is that this is exactly what we now expect from the 'support the criminal' law and police system we now have to pay for.
- Dave, Bangaloru, India
This is astounding...have the British completely lost their minds? No wonder violent youth crime rates are going through the roof in the UK- your judicial system encourages it!
- Rustin Chrisco, Bentonville AR, US
Please never again say you think the US is screwed up.
- Rich, Texas, USA
The lunatics have truly taken over the asylum with Judge Tabour at the head. If judges can't differentiate between the guilty and the innocent and protect the latter the criminals will be really laughing. In fact,here is no law.
- Mrs Micky Irving, London
it seems that you have a judge who doesn't understand the way the court system works. It is up to the prosecution to pursuade the jury that the defendent is guilty. The prosecution would be able to achieve this thanks to a clear witness statement by the victim.
I hope that the Crown appeals agaisnt this decision. Otherwise it makes the Justice system even more of a joke than it is already.
- Chaz, Perth, Australia
This country is turning into a Monty Python sketch that was discarded because it was felt to be too unbelievable.
- Harry H, London UK
WHAT???????????? More signs that the English have gone barking mad.
- Cuddly Duddly, Cuffley, UK
This is a total JOKE! Apparently your better offer cheating, lying, thieving and being a woman beater than being an honest citizen! What a country!
- Becky, london
This truely beggars belief.The Judge needs shooting. The Loonies truely have taken over the asylum
- Jaggythistle, Glasgow , Scotland
A country fit for psychopaths. Another victory for the criminal and their friends in the judiciary. Good character is now officially a bad thing in the UK.
- Jules, stockport
And you wonder why we have so much crime in this country. When the Judges start operating in the real world, we may see some justice.
Question for the judge: Would you have truly stopped the trial if Mrs Dawson had been your wife or daughter?
When innocent people are attacked in the street in broad daylight and someone is captured. The question is are they guilty or innocent. All the facts, no matter what they are should be laid before the jury and they should decide beyond all resonable doult if the accused is guilty. Our legal system is based on trusting 12 men or women to give a fair trial to the accused. When the judge decides what verdict the jury may bring in, or what evidence should be suppressed then justice goes out of the window.
- Ian Jones, London, England
Brits should be outraged but certainly not surprized that another soft on crime judge has struck!
- Patrick Riley, USA
This peverse decision only serves to bring the law further into the total public contempt, that already exists for a ineffectual legal system that cannot protect them. We are now reaching a dangerous tipping point, where such will be the contempt for law, the public will percieve the only way to obtain justice will be to obtain it themselves
- C.A.Currie, radstock, u.k.
This is another example of why the people of this country - the paymasters and employers of MPs and judges - hold them in such contempt.
- Annabelle, london
Another kick in the teeth for the law abiding citizen. It's high time judges like this came back down to earth so that I could bang their heads together!
- T. Smith, Preston, Lancs.
Its up to the Jury to make their minds up not for the Judge to do it for them. This judge needs de-wigging and booted into touch.
- Dhanraj, Basildon Essex
Sack the judge then lock him up for perverting the course of justice.
Of all the stupid excuses for halting a trial this has got to be the most ridiculous.
- Adam, Harrow, UK
Words fail me !
- Paxton, N17
Simple! Sue the judge. This is outrageous and just shows why we live in broken Britain.
This judge should be brought before the bar and summarily sacked. Too honest!
- Geoff, London, greater london
What a dreadful indictment on the legal system in a country I left 15 years ago! I know of 2 great London solicitors who are giving up their practice because the police no longer bother to charge so many criminals. I suppose the lesson of this case is that if you're an honest, innocent victim of a terrifying assault you don't have a voice in court. What a disgraceful action by this judge!
- Rob Collins, New York, USA
