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It seems that Tim Blake is in hot water at present. It's a shame for a man of his age and notoriety to be subjected to such stereotyping. Who is at fault in such an incidence, the man that smoked a joint or the drunk that almost killed him? Is it legal in France to take blood samples from an accident victim without their consent and then use them as evidence in court?
Am not sure where to put this so am posting it here:
Tim Blake former member of the bands Hawkwind & Gong has serious legal hassles. He was in an accident several years ago and the other person died. The other driver was drunk, not wearing a seatbelt and was driving with bald tires. Tim almost died in the accident as well.
The other driver who died in the car crash was driving blind drunk WELL OVER the legal limit. He was Not tested for drugs; he was not wearing a seat belt; his car was unroad worthy with bald tyres. The man had been drinking all night - the car crash occured just after 8am, nearly two years ago. Tim had just left home to drive into the town that morning.
A short distance from the crash site a woman had been narrowly missed by a red Polo driving at high speed (NO ATTEMPT has been made by the Police to locate this witness)
Seconds later a red Polo crashed into Tims car it happened on what we would class as a B Road, and is made worse by a blind summit.
Tim died at the site. He was bought back to life by the Helicopter Ambulance...
The Police Report from the accident stated that they could not determine responsibility. Amazingly the Policeman who wrote this report WAS NOT CALLED to the court. The prosecuting lawyer rubbished this official report, during his venomous speach, slaughtering Tim beyond belief and screaming Cannabis and 'the English on their clouds'
The Fact that the dead driver was DRUNK was waved away by this lawyer as a fact not worthy of consideration and described as Piffle !
It was not until Months after the accident, Tim still struggling to cope with his injuries and mental trauma, that he was informed that an anaysis of his blood had shown Cannabis THC levels.
The decision by the court will be on 18th May. Also the court have asked for 10 months prison with 8 suspended plus three years driving ban.
Tim appeared in court on Thursday charged with Involuntary Homicide and may have to serve time in prison.
Another Dark undertone to this is; The insurance company have already payed out to the dead drunks family, surely this mans insurance is null and void - driving drunk and with an unroadworthy car if Tim is aquitted, then would they not have to pay back the money .. The insurance company also had a lawyer there.
France operates under an inquisitorial system, as does most of Western Europe, where the court is actively involved in determining the facts of the case, as opposed to an adversarial system, as operated in the US or UK, where the role of the court is solely that of an 'impartial' referee between parties.
In the adversarial system the parties on either side of a legal action take the position of opponents or adversaries before the court which decides the winner of this legal battle.
In an inquisitorial system the court itself more actively investigates whether the law has been violated and seeks to apply the 'remedies' the law provides.
Unlike the inquisitorial system in which accused parties must exonerate themselves before a judge or judges who function as both judge and prosecutor, in the adversarial system the opposing sides argue or compete to convince a supposedly impartial judge or jury of the merits of their legal assertions of guilt, innocence, liability, obligation, and the like.
Therefore Tim's trial had 3 judges who decide how to apply the law in the case against him, and not a jury, who would decide whether the case against him were proven or not.
To help raise funds for Tim Blake the Bazaar has started a fund-raising effort.
http://www.magle.dk/music-forums/186...ence-fund.html
Tim Blake former member of the bands Hawkwind & Gong has serious legal hassles. He was in an accident several years ago and the other person died. The other driver was drunk, not wearing a seatbelt and was driving with bald tires. Tim almost died in the accident as well.
The other driver who died in the car crash was driving blind drunk WELL OVER the legal limit. He was Not tested for drugs; he was not wearing a seat belt; his car was unroad worthy with bald tyres. The man had been drinking all night - the car crash occured just after 8am, nearly two years ago. Tim had just left home to drive into the town that morning.
A short distance from the crash site a woman had been narrowly missed by a red Polo driving at high speed (NO ATTEMPT has been made by the Police to locate this witness)
Seconds later a red Polo crashed into Tims car it happened on what we would class as a B Road, and is made worse by a blind summit.
Tim died at the site. He was bought back to life by the Helicopter Ambulance...
The Police Report from the accident stated that they could not determine responsibility. Amazingly the Policeman who wrote this report WAS NOT CALLED to the court. The prosecuting lawyer rubbished this official report, during his venomous speach, slaughtering Tim beyond belief and screaming Cannabis and 'the English on their clouds'
The Fact that the dead driver was DRUNK was waved away by this lawyer as a fact not worthy of consideration and described as Piffle !
It was not until Months after the accident, Tim still struggling to cope with his injuries and mental trauma, that he was informed that an anaysis of his blood had shown Cannabis THC levels.
The decision by the court will be on 18th May. Also the court have asked for 10 months prison with 8 suspended plus three years driving ban.
Tim appeared in court on Thursday charged with Involuntary Homicide and may have to serve time in prison.
Another Dark undertone to this is; The insurance company have already payed out to the dead drunks family, surely this mans insurance is null and void - driving drunk and with an unroadworthy car if Tim is aquitted, then would they not have to pay back the money .. The insurance company also had a lawyer there.
France operates under an inquisitorial system, as does most of Western Europe, where the court is actively involved in determining the facts of the case, as opposed to an adversarial system, as operated in the US or UK, where the role of the court is solely that of an 'impartial' referee between parties.
In the adversarial system the parties on either side of a legal action take the position of opponents or adversaries before the court which decides the winner of this legal battle.
In an inquisitorial system the court itself more actively investigates whether the law has been violated and seeks to apply the 'remedies' the law provides.
Unlike the inquisitorial system in which accused parties must exonerate themselves before a judge or judges who function as both judge and prosecutor, in the adversarial system the opposing sides argue or compete to convince a supposedly impartial judge or jury of the merits of their legal assertions of guilt, innocence, liability, obligation, and the like.
Therefore Tim's trial had 3 judges who decide how to apply the law in the case against him, and not a jury, who would decide whether the case against him were proven or not.
To help raise funds for Tim Blake the Bazaar has started a fund-raising effort.
http://www.magle.dk/music-forums/186...ence-fund.html
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