Doping story - your opinions required re no charges being pressed

[Santa_Claus]

on behalf of local paper in Jersey they want to make the local government if not also the UK reconsider the current status of the law that allows doping another owners pony without any fear of prosecution which is obviously an appalling and frightening prospect.

If any of you have the time could you please write a letter to the editor at editorial@jerseyeveningpost.com detailing your views. Hopefully the more input the better especially if coming in from beyond the shores of Jersey. You could help change the law!

Thanks a lot

Katie

(please include name and address so not anon although they will only print 'by email' or your county as applicable not full address)

 

[eohippus]

Consider it done
regards
Dawn

 

[airedale]

confused. Persons caught doping racehorses at racecourses have been caught in the past and charged by the Police under criminal law.

So there ought to be existing law under which charges can be brought.

 

[Santa_Claus]

remember as I have put in otherpost this is Jersey law and not UK law so unless the offence that the racehorse person was charged with has been incorporated into Jersey law they can't make charges. Almost all UK law is incorporated into Jersey law but not all.

 

[fletcher]

the law is a waste of space they never do anything about it like when that jocky head butted that horse i think he got banned for one day he should be banned for life.

 

[tarbra]

Hi Katie

Did that last week, and have also taken a letter into PHQ Jersey with a copy to JEP.
What we should be looking for is laws that do apply in Jersey, which may not apply to the doping itself but maybe apply to other areas on what she did.

For example there are laws that cover things like (and this is just an example) attempted murder or manslaughter. If one does something that endangers the life of another by any deliberate action that can be proved. There must be a law out there that covers endangering another’s life, even in Jersey!

There are also laws which are meant to cover behaviour likely to cause a breach of the peace etc.

ACP is on the dangerous chemicals list.

You are the one with the law books; take a look you might find something to cover it, or at least something they could actually charge her with. Let me know PM if any of you have any ideas.

 

[Santa_Claus]

Can't be manslaughter as that actually requires a death. Can't be attempted manslaughter as there is no such offence as manslaughter is without intent (mens rea) and so you can't attempt something without the intent to (if that makes sense.)

Very hard to claim attempted murder as well no injury/suffering caused due to time it was picked up and any half decent lawyer will argue there wasn't the mens rea to actually cause harm (that is the required standard in the UK but not sure in Jersey), so that is also not a possible.

Also remember no matter what the charge it needs to be proven beyond reasonable doubt which is a high standard.

Put it this way if those had been viable options the police would have pressed charges by now as Jersey is being made to look an international laughing stock on the matter. If there is a charge that can be pressed they would find it, and considering the time since the incident they would have found it by now. I would expect a change in the law and BSJA rules following the outcome of the inquiry but that could still be a while to come.

 

[tarbra]

Hi Katie and everyone else,
Cannot say right now what they are, but I've researched and found the laws that she can be prosecuted with.
Have sent an open letter detailing these laws to P.H.Q Jersey and a copy to Andy at the J.E.P asibcy@jerseyeveningpost.com A copy is now with the Attorney General, and I will let you know what if anything happens.
In my opinion it is a matter of if the Police do their job or not, and all too often in Jersey this does not appear to be the case, and justice is not seen to be done here. They are fast enough to do motoring offences and anything that doesn’t take any real investigation, things were money can be made, but it is about time they investigated and prosecuted what I call real crimes.
The more people who email Andy on the above email address or the editor of the J.E.P as you asked Katie (well done) the more chance there is that something will be sorted out, as when they know the world is watching what they do next, the more chance there is that they will pull there fingers out! Thanks and keep those emails going please!!!!!!!!

 

[tarbra]

A quick note have you read the H & H online article today?

This is the link http://www.horseandhound.co.uk/competitionnews/386/96757.html

Be good if the parents did take a case against her as this artice says they might?