Gail Trimble, Knowledge, Intelligence and Memory

Gail Trimble seems very nice to me.

The internet abuse seems to be subsiding and being topped on search engines by more favourable posts. This is as it should be.

Even so, some of these "good" posts fundamentally confuse analytical intelligence with mere recollection of facts quickly. In fact, Trimble is in ample possession of both faculties but the distinction still needs to be maintained.

Savants can remember huge sequences of numbers but may not always be able to put that ability to any analytical use.

Trimble can do both. One faculty is helpful to an intelligent person but not necessary. The other is essential.

Some of the questions on University Challenge test only the ability to recollect facts but others did test Trimble's analytic intelligence as well. For instance, the questions on the periodic table and the questions on Roman numbers.

So she entirely deserves the accolade of being probably amongst the most intelligent people to appear on University Challenge but not simply because she has a good memory. That simply diminishes her fantastic achievement.

PD Oscar is Innocent!

THE REAL OSCAR WINNER

Mr Walker (a retired solicitor's clerk) drank 10 pints of beer and half a bottle of wine. He was found in charge of a car which he had been driving. He ran away. PD Oscar gave pursuit. In the course of securing the arrest of Mr Harris he bit him. Mr Harris sued the Chief Constable for damages for personal injury. A PD is a police dog.

You might think that chasing criminals and assisting in their arrest is what PDs are for and how they earn their cookies and other treats. In fact, you might think that it is a PD's public and contractual duty to chase criminals and sometimes they may have to bite them. No arrests, no cookies and treats.

Of course, they must (as with all officers of the law) use no more than reasonable force to secure an arrest. This may not in a lot of circumstances involve biting. Most people when confronted by a PD will heed his handler's warning to stand still. In that event, a properly trained PD will simply circle you and bark at you a bit.

So did PD Oscar exceed the bounds of his authority? Well, that must depend on what Mr Walker did in order to resist arrest. With 10 pints and half a bottle of wine inside whilst trying to drive a car Mr Harris could hardly say that PD Oscar did not have good grounds to arrest him.

Now it must be emphasised that the following is an agreed factual account of what happened. Agreed, that is, by Mr Harris. When you read it you are going to wonder what possessed him to bring his case to the Court of Appeal or who (if anyone did) advised him that he should. There is a twist in the tail. See further below.

On the admitted facts Mr Harris did a lot more than run away:

"PC Harris ... saw that there were two white males in the car and he thought that they were aged about 50 or so. He tapped on the window but got no response. He tapped again more loudly. He got no response again, so he opened the door and asked the two inside if they were all right. PC Harris noticed that inside the car it smelt strongly of alcoholic liquor. PC Harris concluded that Mr Roberts had been drinking, as indeed he had. He asked Mr Roberts if he had been drinking and Mr Roberts replied "no". At that stage the car's engine was running. PC Harris asked Mr Roberts to turn off the engine. Mr Roberts would not do so, so PC Harris lent over and took out the ignition key.

PC Harris then asked Mr Roberts to get out of the car and join him at the rear of the vehicle; that is, between his car and the police van. Mr Roberts refused. PC Harris wanted to give Mr Roberts a breath test as he thought that Mr Roberts had been driving whilst over the legal limit. PC Harris told Mr Roberts he wished to give him a breath test.

Eventually Mr Roberts got out of the car and went to the rear of it. PC Harris said that he could smell alcoholic liquor on Mr Roberts' breath at that stage. PC Harris asked Mr Roberts to take a breath test and asked him to wait there whilst he fetched the test kit from the police van. As PC Harris reached into the van, he saw Mr Roberts running away past his car and along the fence towards the compound gates. PC Harris concluded that Mr Roberts did not wish to be breathalysed and was trying to escape. PC Harris shouted to Mr Roberts to stop. He did not. PC Harris shouted to him again to stop. He said that if Mr Roberts did not stop he would send the police dog. Mr Roberts did not stop. At that stage PD Oscar was taken out of his cage in the van.

PD Oscar did not have a collar on him nor did he have a leash. The judge found that at first PC Harris held the dog by the scruff of his neck. PC Harris called to Mr Roberts again to stop and said that he would otherwise let the dog on him. Mr Roberts did not stop but ran towards the compound gates. PC Harris then shouted "Stop him" to the dog, which is the dog's order to go and seize a man who is running away.
...
When the dog was let go, Mr Roberts was trying to climb the compound fence. It was accepted at the time that the dog was a well-trained police dog and that PC Harris was a well-trained police dog handler. The dog was trained to look for someone running and then to try and stop that person. The dog would try to grab the person's right arm to achieve this object. If the person stopped running, the dog would circle the person or stand back and bark.

PD Oscar ran towards Mr Roberts and barked at him. Mr Roberts failed to climb over the fence and dropped to the ground. At that point the dog did not bite Mr Roberts. PC Harris, who had a torch, was trying to get in radio contact with other police officers to assist him and he was also trying to catch up with Mr Roberts. As he did this, Mr Roberts was saying to the dog "Get off, stupid dog" or words to that effect. He was also raising his arms so that the dog could not get them and he was batting and pushing the dog off.

PC Harris saw PD Oscar bite Mr Roberts' right arm as Mr Roberts was running along the fence, which was on Mr Roberts' left side. This slowed Mr Roberts down and he tried to kick the dog, who held on to Mr Roberts' arm. At this point PC Harris caught up with Mr Roberts and the dog but PC Harris was then hit across the throat by one of Mr Roberts' arms. PC Harris continued to tell Mr Roberts to stand still but he got no response. He asked Mr Roberts to stop and give himself up, but Mr Roberts ran towards his car, saying at some stage "Get lost."

At this point PC Harris had hold of PD Oscar. PC Harris warned Mr Roberts again that if he continued to move he would send in the dog. PC Harris did not want Mr Roberts to get back to his car as he did not know what might happen then. PC Harris warned Mr Roberts again but he took no notice.

PC Harris released PD Oscar to stop Mr Roberts and then PC Harris ran with the dog towards Mr Roberts. PC Harris grabbed some of Mr Roberts' clothes whilst Mr Roberts was kicking and moving his arms. PC Harris heard the dog yelp. PC Harris was hit on the right side of his face by Mr Roberts at some stage whilst PC Harris was trying to restrain Mr Roberts and get him onto the ground. There was a struggle between the two men and they fell to the ground together. At this stage PD Oscar was biting Mr Roberts, but PC Harris did not know where. A police dog is trained to bite a person who is fighting a police officer and who is not complying with an order from the police officer and who is on the ground. Moreover if the dog is punched or kicked the dog is trained to fight back.

PC Harris then called off the dog."

OK: If you read that, which Mr Harris agreed for the purpose of his appeal was accurate, you, if you are like me, do not understand what chance of success Mr Harris had in the Court of Appeal.

This is the core of the appeal:

Mr Roberts was a 57- or a 58-year-old man who had drunk considerable amounts of alcohol, as PC Harris believed he had. Mr Roberts could not therefore be guaranteed to react sensibly if the dog was released on him. His reaction was unpredictable. Moreover PC Harris knew that there was a range of reactions that a person who was drunk might have to a dog released to stop him.

Thus, even though being old and drunk would not be a defence to the offences Mr Harris committed those facts did entitle him to damages for the manner of his arrest.

Wow! The legal profession hits a new low?

Oh, PD Oscar seems to be an excellent cop, now sadly dead. Here is what his handler said about him:

PC Harris said that Oscar's death had come as a bitter blow: "He was very special and excelled as a police dog, a pet and a very good mate."

Be ashamed Mr Walker. Be very ashamed.

Sportsmanship: Could it happen today?

The "tie" in the 1981 London Marathon

I am now a Victim of Crime

I was burgled today so, with customary quintessential logic, I wish to share with you a photograph of a meercat.

Meercats are cute. They might steal things sometimes but not electrical goods.

They are also very calming to observe.

So guys, keep focused on the picture.

The knock on your door that you hear in the background is just those nice policemen who figured from the targeted nature of the thefts exactly who you are.

Another Turbulent Coroner

David Masters, the Wiltshire coroner, today joins the list of heroic coroners (headed by Andrew Walker) who are prepared to say to government and the military:

"UP WITH THIS WE WILL NOT PUT"

Samples from the coroner's findings as reported in today's London Times:

"The system in place failed the captain and crew of that aircraft and this should never be allowed to happen again."

"The stance taken by the US is difficult to comprehend."

"I just wonder, as an aside, what if the boot had been on the other foot - if a US aircraft had come down with the loss of 10 lives and the only eye-witnesses had been British forces?”

10 British servicemen died when their Hercules transport exploded. The details are readily available elsewhere.

Both the UK and US are criticised but the RAF stands indicted for "serious systemic failures."

My focus is on the independence of coroners to say things the government does not like.

Will David Masters suffer the same fate as Andrew Walker?

The problem is that coroners are far more easily removed (or, transferred sideways - ha, ha) than judges if the government does not like what they say. See the reference to Andrew Walker above and here.

OPINION:

The UK government's record is disgraceful. If they can can get rid of a judicial officer whose decisions they do not like then they will.

PROPOSITION:

Coroners need equal protection from arbitrary government interference as do judges.

The Mosley Sado-Masochism Trial Not A "Landmark" Decision, says Judge

Mr Justice Eady said at the end of his judgment in the Mosley case:

It is perhaps worth adding that there is nothing "landmark" about this decision. It is simply the application to rather unusual facts of recently developed but established principles. Nor can it seriously be suggested that the case is likely to inhibit serious investigative journalism into crime or wrongdoing, where the public interest is more genuinely engaged.

This is correct but does not mention that it is Mr Justice Eady himself who has played a leading role in developing the law in this area.

Well, he made Mr Mosley smile:

£60,000 should be a welcome addition to his budget for any future activities of his.

It has to be said that The News Of The World did not cover itself in glory. Their pursuit of this story was cynical and had nothing to do with the "public interest" defence they ran at trial.

The case is therefore a real test for believers, like me, in freedom of speech. I confess Eady J's judgment gives me pause for thought and makes me question the boundaries of free speech where the privacy of an individual is involved. You will need to read the judgment to answer the following questions in an informed manner. See the title link.

QUIZ QUESTIONS:

(1) Was Max morally entitled to victory?

(2) Was Max legally entitled to victory?

(3) Does Max deserve £60,000?

(4) If not, what amount should he have been awarded?

(5) Are the News of the World reporters, involved in this case, mired in slime?

Jeremy Kyle Is Not Dead! (Hint For US Readers: He Is A Springer Emulator)

I had a few days off recently and I watched the Jeremy Kyle Show.

It is about as ghastly as these trailer trash daytime reality shows get. He is pontificating and self-righteous. He has no hesitation in launching into a moral crusade against his generally not spectacularly intelligent guests. Yet, he is one of those making money out of them and, in my opinion, exploiting them.

They are silly to expose themselves to this but then, I suppose, silly people do this kind of thing. It seems that fame is enough reward to volunteer to place themselves in the modern equivalent of the stocks.

I can see no "public interest" that is served by Mr Kyle's show. Making a buck on the back of other peoples' stupidity does not strike me as an honourable way of making a living.

That is, of course, just my opinion, Mr Kyle. You are entitled to hold, and may hold, a similarly low opinion of litigation solicitors such as myself.

It is, perhaps, unfair to compare Mr Kyle's lack of physical courage to his apparent lack of moral courage but the Daily Mail reported today that a witness said he was "shaking like a leaf" following his car crash, and you may wish to read this.

The question is not whether Jeremy Kyle should die. Clearly, he should not. The question is whether shows like his should be killed off. I do not believe in censorship. I do believe in free speech. I am compelled, with regret, to answer that question "NO."

I think Mr Kyle's shows have a tendency to corrupt those who produce them, those who present them, those who participate in them and those who watch them. In my opinion, they are worse than slash movies or and obscene movies.

However, I will (in the well known words) defend to the death the right of Mr Kyle and his ilk to do exactly what they bloody like.

Alright, Voltaire is supposed to have said:

"I disapprove of what you say, but I will defend to the death your right to say it."

Others say that it was actually first said by Evelyn Beatrice Hall.

So what? Who cares? It is the the first principle of freedom by which every individual should be governed. If you cannot say those words aloud and mean them then, well, you do not believe in freedom or free speech.

Mr Loophole Does It Again!

Those of you who are not criminal defence lawyers may raise the odd eyebrow at his successes but Nick Freeman has clearly earned his self-bestowed title of "Mr Loophole". Well, apparently, it is a registered trade mark. No doubt, this is to prevent unfair competition with such an otherwise likable man who is a stalwart of his local community.


His latest coup is to have successfully defended Andrew Flintoff against a speeding charge (87 mph in a 50 mph zone) because the notice was sent two days late.


I entirely agree that the defence, although technical, was entirely justified. The Crown Prosecution Service must be held strictly to statutory requirements for a successful prosecution.

I am not sure all of the non-lawyers who do not read this site anyway will necessarily agree.

That, however, is a matter for Parliament.

I do think legal aid criminal lawyers should be learning a few tricks from Mr Freeman. Surely, these defences ought to be available to all and not just the rich and famous who can afford Mr Freeman.

Another Good Guy: Government Promises Are Arguably Enforceable

Mr Justice Owen has dealt another blow against the government and in favour of freedom. Gosh! High Court Judges who support freedom seem to be self-propagating at an alarming level. I am sure the government will intervene soon.

The UK government said it could renege on its promise to hold a referendum on a treaty with impunity. It further said that no one could challenge its right to say one thing and mean another. This is the famous Humpy Dumpty Defence:

`I don't know what you mean by "glory,"' Alice said.

Humpty Dumpty smiled contemptuously. `Of course you don't -- till I tell you. I meant "there's a nice knock-down argument for you!"'

`But "glory" doesn't mean "a nice knock-down argument,"' Alice objected.

`When _I_ use a word,' Humpty Dumpty said in rather a scornful tone, `it means just what I choose it to mean -- neither more nor less.'

`The question is,' said Alice, `whether you CAN make words mean so many different things.'

`The question is,' said Humpty Dumpty, `which is to be master - - that's all.'

This is the UK government's absolutely favourite defence.

Why would anyone complain?

On 13 April 2005 the Prime Minister launched the Labour Party manifesto in which the earlier promises of a referendum, as reflected in the EU Bill, were repeated. Following the general election on 5 May, the promise to hold a referendum was repeated. On 13 May 2005 the Prime Minister was reported in The Sun newspaper as saying "we don't know what is going to happen in France, but we will have a referendum on the constitution in any event – and that is a Government promise." On 18 May the Prime Minister confirmed in the House of Commons that there would be a referendum in relation to the Constitutional Treaty, and on 24 May 2005 the Government re-introduced the EU Bill which still contained provision for a referendum, in the House of Commons.

What were the government's excuses (sorry, their defence)?

"They are first that the issue raised by the claim is not justiciable, secondly that the claim is a violation of parliamentary privilege, and thirdly that there was no unambiguous and unqualified representation that a referendum on the Lisbon Treaty would be held."

THEY LOST ON ALL THREE POINTS. That is, 3-0 to freedom on round 1. Round 2 follows and I will update.

Heroic And Troublesome Coroner Moved Sideways

The heroic Oxford coroner Andrew Walker (a thorn in the side of the Ministry of Defence) has been moved sideways.

It is not accurate to say that he has been sacked (as is widely reported on the internet). He was on a fixed term contract and his contract is not being renewed.

The reason given for this is that the "resources" (i.e. the three additional coroners appointed to deal with a backlog of military inquests in Oxford) are no longer required. See this article. The Department of Constitutional Affairs said:

"The government believes that these extra resources can complete all 85 inquests by May 2007."

I love the Dalek-like reference to human beings as resources!

However, Andrew Walker is indisputably an able, efficient and incorruptible coroner. Even if you want to get rid of him it is going to look bad if you simply dispense with the services of such a useful "resource". But, he is a bloody nuisance. See this article.

SOLUTION: Move him to be coroner for Hornsey in North London.

RESULT: The Ministry of Defence can rest easy. Des Browne can smile again. Not many dead soldiers in Hornsey.


If anyone says the government did not recognise Mr Walker's sterling qualities (thorough, precise, fair etc.) they can respond that his job as coroner was redundant (we terminated the other two temporary coroners as well), they have given him an important job in Hornsey and their critics are being unreasonably cynical. Oh, you are not really suggesting that the Department of Constitutional Affairs would make a decision to move a coroner simply because it was in the interests of the Ministry of Defence, are you?

Well, I might be. I know you do not do not do much in the way of joined up thinking but maybe you are capable of just a little when the self-interest of ministers is involved.

I can only imagine the response but it might consist of the exclamation "Oh, really!" and the stamping of a foot. Well, I was not suggesting that they had climbed out of their prams. Ok, I have not suggested it yet.

I should quote one tribute by one parent of a dead soldier:

"We wish to pay tribute to the coroner Andrew Walker, for his unrelenting quest for the truth, his objectivity in considering all the evidence and his humanity in the way he dealt with us, the family.

He is, indeed, a fine and wise coroner."

Well, you can see why the government does not like him!
Previous posts:

The Oxford Coroner Andrew Walker and Jason Smith

Who Will Rid Me Of This Turbulent Priest?

The Oxford Coroner Andrew Walker And Jason Smith

I promised in a previous post (Who Will Rid Me Of This Turbulent Priest?) to provide an update on the brave Oxford Coroner and his right to criticise the government, when the judgment became available. It now is, at the title link.

The following extracts give the flavour of the reasoning of Mr Justice Collins:

"Ms Moore [for the Secretary for Defence] submitted that it was impossible to afford to soldiers who were on active service outside their bases the benefits of the Human Rights Act. If the Act was to apply, it had to apply in all aspects. The circumstances of any particular case will determine whether an Article is breached. I am concerned with Article 2. This reads, so far as material:-

"1. Everyone's right to life shall be protected by law.

2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:

(a) in defence of any person from unlawful violence;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) in action lawfully taken for the purpose of quelling a riot or insurrection." ..."

He then referred to the difficulty of imposing human rights obligations in battle conditions and went on:

"But the soldier does not lose all protection simply because he is in hostile territory carrying out dangerous operations. Thus, for example, to send a soldier out on patrol or, indeed, into battle with defective equipment could constitute a breach of Article 2. If I may take a historical illustration, the failures of the commissariat and the failures to provide any adequate medical attention in the Crimean War would whereas the Charge of the Light Brigade would not be regarded as a possible breach of Article 2. So the protection of Article 2 is capable of extending to a member of the armed forces wherever he or she may be; whether it does will depend on the circumstances of the particular case. ..."

"It was common ground that the circumstances of Private Smith's death gave rise to concerns that there may have been a failure by the army to provide an adequate system to protect his life. Thus the Middleton approach to the inquest, namely that in deciding how the deceased met his death, the coroner should consider in what circumstances death resulted, should prevail. On the last day of the inquest, the coroner asked for argument whether the evidence justified a finding that there was even arguably a breach of Article 2. He decided that no such finding was justified. It seems he thought that a conclusion on this was needed since it would dictate the contents and form of the verdict he would announce.

In my view, he was wrong to entertain the argument. The procedural obligation under Article 2 was to hold the necessary inquiry and to find the necessary facts. If those facts showed that there was no breach of the substantive obligation and that nothing different need be done in the future to protect life, that should be indicated by the verdict. The family needed to know what were the conclusions on the important issues. Thus the inquest is not the means whereby a substantive breach of Article 2 is to be established – indeed, as will become apparent, a verdict which appeared to determine this would be likely to be contrary to Rule 42(b) of the Coroners Rules 1984. It is to decide by what means and in what circumstances the deceased met his death. ..."

He then referred to the European Court of Human Rights key decisions and in particular quoted from Jordan in the House of Lords:

"The investigation must also be effective in the sense that it is capable of leading to a determination of whether the force used in such cases was or was not justified in the circumstances and to the identification and punishment of those responsible. This is not an obligation of result, but of means. The authorities must have taken the reasonable steps available to them to secure the evidence concerning the incident, including inter alia eye witness testimony, forensic evidence and, where appropriate, an autopsy which provides a complete and accurate record of injury and an objective analysis of clinical findings, including the cause of death. Any deficiency in the investigation which undermines its ability to establish the cause of death or the person or persons responsible will risk falling foul of this standard."

He concluded that a coroner must be entitled to conduct an effective investigation in compliance with the above.

The conclusion of Andrew Walker which the Ministry of Defence attacked was that:

"On the 13th August 2003 Jason George Smith was on active service when found suffering with heatstroke at the Al Amarah stadium where he was stationed. He was taken to a medical centre at Abu Naji Camp where he died. Jason George Smith's death was caused by a serious failure to recognise and take appropriate steps to address the difficulty that he had in adjusting to the climate."

He went on to summarise the MOD attack and to further conclude:

"While there was a somewhat faint argument that the word 'failure' was undesirable, the real attack by Ms Moore was directed at the adjective 'serious'. It is obvious that there is some tension between the prohibition contained in Rule 42(b) and the need for an Article 2 inquest to identify those responsible and shortcomings so that they can be remedied for the future to avoid similar deaths. Section 8(3)(d) of the 1988 Act, which requires a jury if the continuance or possible recurrence of the circumstances in which the death occurred is prejudicial to the health or safety of members of the public, creates its own tension since there must be examination of and findings in relation to any shortcomings which led to the death and which may need to be addressed."

In a final (itself robust) attack Mr Justice Collins stated clearly that a coroner is entitled to be robust (trenchant, perhaps, or even, severe) when making his findings:

"Ms Moore submits that a verdict which speaks of a failure is in danger of transgressing Rule 42(b) and the addition of the adjective serious crosses the line. It is, she says, not neutral but pejorative. But the coroner was recording the evidence of witnesses and concluding that that evidence was accepted. Ms Moore accepts that he would have been entitled to record that acts or omissions existed which were directly relevant to the cause of death. To identify them would have had much the same effect as describing them as failures. The prohibition is against framing a verdict in such a way as to appear to determine any question of civil liability. The word determine is important; a finding that there was a failure to act in a particular way does not appear to determine a question of civil liability. It no doubt will assist a potential claimant, but it is the evidence which is elicited which will in the end be material, not the verdict of the coroner or the jury. No doubt, assertions that there has been a breach of a duty of care or that there was negligence should be avoided, but I do not think that findings of fact, however robustly stated, can be forbidden."

Thus the MOD and its silly minister Des Browne were swatted down and effectively held up to ridicule for their breaches of human rights and their pathetic attempt to defend them.

I now hear that the coroner will not be reappointed. More tomorrow.

Tibet Revisited: Where Lies The Truth?

Who do we believe? A video selection.

Who WIll Rid Me Of This Turbulent Priest?

CORONER ANDREW WALKER

The Ministry of Defence aka Des Browne tried to gag coroner Andrew Walker and stop him from criticising the government of the UK from sending ill-equipped soldiers on virtual suicide missions.

The High Court, in the person of Mr Justice Collins, has told the government that they are a shoddy bunch of toe rags and, if they want to silence the heroic Mr Walker, they had better send out a posse of knights with big swords.

More when I have read the judgment.

A Very Good Interview with Hugh Laurie of House