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jensting
04-05-2012, 12:40 PM
(Zorro / Nono the clown was attacked by a (group of) clam(s) in March 2011. A criminal case is on-going against one clam.)

We had the, I believe, third court appearance today.

To remind our readers of where we left of: the lawyers for the clam had made a procedural error and the case had been postponed by a month and a half (against the objections of the lawyer for the clam).

Today, we heard from the lawyer for the clam again. He introduced two new urgent pleas:
- That his client was, in fact, the victim of an aggression (not the aggressor), having been attacked by Anon Vicieux here present in the court. (At this point the lawyer had to be reminded that if he planned to call Vicieux as a wittness then he, Vicieux, had to be shuffled out of court while the lawyer laid out his plea; Vicieux was shuffled out of court and waited outside.) Because of this, the case was all wrong and his poor client should be recognised as the victim and so on and so forth. (We note that the clam did not cite the complaint he had made to the police about this - maybe we would have gotten 'round to that, later....) A bunch of evidence (including a DVD) was added by the clam to the case.
- In any case, that his poor client had not had his rights read to him when he was taken in by the police. There has been a recent tightening of the rules about arrests and following questioning - "Garde a Vue" - so that the arrestees are made aware of their rights (sounds a lot like the Miranda warning in the US). The clam lawyer made a big hoo-hah about this very technical point.

The odd thing is that these two points were not presented at the last court meeting (where the clam lawyer pleaded for having the case heard there and then so as to spare his poor client the agony of uncertainty etc and so on and so forth). What did happen at the last meeting of the court was that the case was delayed because of a procedural error made by the clam lawyer.

Nono's lawyer made a technical (but important) point that this case should have been heard in a different court.

So, we were presented with three reasons not to go ahead. The court decided to think about it and, ehrm, postpone once more, to the 30th of May.

In the meantime, Nono's lawyer doesn't pay for himself. I just made a donation - did you? (http://www.pascale-drea.com/nonojoomla/index.php?option=com_content&view=article&id=56&Itemid=69)

Best regards

Jens

Random guy
04-05-2012, 02:12 PM
Ah, the "stalling until they run out of money"-defence...

Captain Crunch
04-05-2012, 04:13 PM
(Zorro / Nono the clown was attacked by a (group of) clam(s) in March 2011. A criminal case is on-going against one clam.)

I just made a donation - did you? (http://www.pascale-drea.com/nonojoomla/index.php?option=com_content&view=article&id=56&Itemid=69)

Best regards

Jens

Bumping for Nono.

jensting
04-06-2012, 12:51 AM
Ah, the "stalling until they run out of money"-defence...

Well, I can't tell the difference, but I'm not a lawyer. The members of the court have more experience with this sort of thing, though.

Running out of money is a problem to be taken seriously.

Best Regards

Jens

Barbiluv
04-06-2012, 01:34 AM
bump .

Random guy
04-06-2012, 02:48 AM
Running out of money is a problem to be taken seriously.

Running out of money, running out of time, running out of all sorts of resources to stay in the fight and see justice is done. The cult has very sucessfully used this strategy to make unwinnable cases "go away" before (see Sparrow for the last example). I don't know if France has any sort of anti-filibuster law, if they do, Nono's lawyer might want tolook into it.

Zardoz
04-06-2012, 03:51 AM
Rg, it doesn't take resources to stay on target.

jensting
04-07-2012, 05:52 AM
Rg, it doesn't take resources to stay on target.

No-one is advocating straying off target.

But it takes resources to get justice done, even when one is in the right.

Best Regards

Jens

Zardoz
04-07-2012, 05:57 PM
Even if funds are available, nobody likes being in a drawn out court case, or cases, sometimes going on for years. Take sparrow as an example.

jensting
05-30-2012, 03:54 PM
Update. Fourth(?) appearance in court today.

The court dismissed the case without any explanation. While we would have liked a change of venue, this is hardly the solution we had in mind :(

This can be appealed, of course, but does count as losing the battle.

Best Regards

Jens

subgenius
05-30-2012, 06:07 PM
Update. Fourth(?) appearance in court today.

The court dismissed the case without any explanation. While we would have liked a change of venue, this is hardly the solution we had in mind :(

This can be appealed, of course, but does count as losing the battle.

Best Regards

Jens

Unless there was some sort of undisclosed resolution.

jensting
06-01-2012, 07:00 AM
Unless there was some sort of undisclosed resolution.

Eh? To a criminal case?

Best Regards

Jens

subgenius
06-01-2012, 08:11 AM
happens all the time
eg. restitution, stay away, community service, etc. in exchange for dismissal

jensting
06-02-2012, 04:33 AM
happens all the time
eg. restitution, stay away, community service, etc. in exchange for dismissal

Let me be more explicit (don't know why that's necessary).

I was at three of the hearings in the case including the last one where the case was dismissed.

I contributed to the legal expenses of Nono.

Nono is a personal friend.

Your baseless speculation is just that.

All of these speculations would leave traces in the paperwork (since this was a criminal case), and I await your dox before bothering to reply to this not-even-trolling again.

Best Regards

Jens

subgenius
06-02-2012, 09:03 AM
Let me be more explicit (don't know why that's necessary).

I was at three of the hearings in the case including the last one where the case was dismissed.

I contributed to the legal expenses of Nono.

Nono is a personal friend.

Your baseless speculation is just that.

All of these speculations would leave traces in the paperwork (since this was a criminal case), and I await your dox before bothering to reply to this not-even-trolling again.

Best Regards

Jens
I didn't say it happened.
Just trying to understand the mysterious dismissal, with limited facts.
Hope you find out what happened.
Cheers.

jensting
06-02-2012, 09:16 AM
I didn't say it happened.
Just trying to understand the mysterious dismissal, with limited facts.


Sure. (Switches flame thrower to "standby.")

We're keen to find out what happened, too.



Hope you find out what happened.
Cheers.

Yeah. So far the plan is to appeal. This doesn't come for free.

Best Regards

Jens

subgenius
06-02-2012, 11:03 AM
"To communicate is to be misunderstood."
"Never attrbute to malice what can easily be exlained by stupidity."

In addition to appeal, are there requests for information that could be filed to police, prosecuter, etc.?
Highly unusual for a dismissal of an assault with that level of injuries with no consultation with or even communication to the victim. Outrageous.

Tangerine
06-02-2012, 11:27 PM
Let me be more explicit (don't know why that's necessary).

I was at three of the hearings in the case including the last one where the case was dismissed.

I contributed to the legal expenses of Nono.

Nono is a personal friend.

Your baseless speculation is just that.

All of these speculations would leave traces in the paperwork (since this was a criminal case), and I await your dox before bothering to reply to this not-even-trolling again.

Best Regards

Jens

Thank you for the personal perspective! The Nono situation has troubled me quite a lot, and I really appreciate your posts about him here.