Monday, August 15, 2011

A Minor Legal Issue

After repeated asking, Shepton have finally disclosed the paperwork from my mobile phone adjudication.

And lo!  It reveals that the Governor found me guilty on the basis of "reasonable probability".  Such a pity that the legal standard of guilt must be based upon "beyond reasonable doubt", i.e. the same as criminal trials.

The appeal is currently with the prison's Ombudsman.  It is their remit to ensure that due legal process was adhered to.  So I expect them to quash my guilty finding pretty quickly.  Watch this space...


  1. Hmmm.....Where is the link between "Innocent until proven guilty" and "reasonable probability". Personally, I don't think there is a link, might be wrong but.....

  2. Didn't you admit it?

  3. I expect Ben pleaded 'Not Guilty' on the basis that he didn't KNOW he was in possession of a phone.

  4. he has admitted on his blog that he had a mobile phone and got rid of it in time for his move to open prison.
    It was then that he denied it when it was 'found' as he stated he had got rid of it.

    'I didn't know it was there' is about the only excuse you can have in this situation.

    Ben had a mobile but thought he got rid of it before anyone would find out and therefore thought it would not jeopardise his move.
    The prison rules are stupid anyway...(according to ben) therefore I don't need to follow them.

    Imagine a different scenario if he admitted it..

    it may well have worked out better for him.

  5. I may be wrong, but I don't think Ben ever admitted previously owning the actual phone that he was charged with being in possession of.

    Admitting an offence of this nature in the position he was in (imminent move etc etc) was never a sensible option in my opinion.

    'I didn't know it was there' seems a perfectly reasonable defence to me.

  6. Questions about Ben's actual guilt (in a non legal sense) are completely beside the point in regards to this. He was denied his right to a fair trial, which the governor is bound by law to give him. Without that fair trial, the state has no right (in law or morality) to punish him on the basis of the crime.

  7. Well said, Tall Guy!

  8. As far as I can follow the phone was found hidden inside his stereo when he handed it to reception for checking prior to his move. As he was the owner of the stereo he is responsible for it (unless he can say he loaned it someone else who may have hidden the phone). He may find a technicality but that's about it.

  9. A mate plotted the phone up in Bens word processor (just before lunchtime lock-up) thinking he was doing him a favour.

    Unfortunately, before his mate had a chance to tell Ben what he'd done, Ben decided to make his life a little easier (the irony is isn't lost on me!) on himself by taking some of his property down to reception ahead of his (long overdue) transfer the next day.

    That property included the word processor containing the mobile which was found by the reception staff in a routine search of the property.

  10. Anon 1:23.

    He's found a technicality - as explained in the post.

  11. It was Ben's word processor but a borrowed phone. Ed.

  12. Bens post 'For Whom Ringtone Tolls' (May 19th) says:

    ' The morning I was told I was off to Open, I went to the cell of Mr X to use his mobile phone to call the Editor. Then I told Mr X that I would be off that afternoon. After visiting Reception and the Library, I shot back to my cell, grabbed a few things and took them to Reception.

    On my way back, Mr X told me that he’d done me a favour – he’d hidden the mobile in my word processor so that I could use it to talk to the Editor over lunchtime lock-up

    He may as well have shot me. My legs turned to jelly and it was all I could do to get back to my cell, when what I wanted to do was just fall in a heap and howl at the moon'

    I took the words above to mean that his mates (very generous!) good intentions (of lending his phone over dinnertime bang-up) were thwarted by Ben handing the WP into reception before his mate had a opportunity to tell Ben what he'd done.

    No-ones fault of course, but doesn't this then make it a 'lent' (without Bens knowledge) as opposed to 'borrowed?'.

  13. Great post...thanks for the reminder to blog about the everyday things that people want to read. As a real estate agent, I too struggle with what to blog about. Thanks!