Wednesday, 22 February 2012

I Guess There’s Always Somebody Ready To Defend The Indefensible…

Two people living next door to Ainsley Duda claimed objects in their home used to vibrate due to the 'unbearable' level of noise which went on over a three-month period.

Duda pleaded guilty to harassment without violence against Patricia Dunlop and Terrence Austin between April 1 and July 2 last year at Congleton Road, Biddulph.
He sounds a charmless fellow:
Clare Moss, prosecuting, told North Staffordshire Magistrates' Court yesterday: "Police were called to the defendant's address on July 2 following reports of loud music coming from the property.

"As a police officer approached the door, the defendant shouted 'what do you want' to him out of a window.

"He became abusive and was asked to open the door by the policeman, but refused to do so.

"The police officer left but neighbours asked police to go back to the house later in the day, describing the noise as unbearable and saying it had been going on for three months.
So….that’s all it takes for the police to just leave? And do nothing until further reports are made?

Eventually, it seems, they did do their job:
He told police he didn't feel playing music was a form of harassment and that he played it for his own enjoyment, and didn't think he had the volume turned up too loud.
Yes, well, Ainsley, it’s not all about you, is it?

And it’s not just noise nuisance you’re up to either (is it ever?):
Duda, pictured, who now lives in High Street, Biddulph, was jailed for a total of 18 weeks after he also pleaded guilty to assaulting a traffic warden on July 2.

He also admitted producing and possessing cannabis on June 10 and possessing cocaine on the same date.
/facepalm
Nick Ryles, mitigating, told the court: "In the last year the defendant has developed a cocaine and alcohol addiction and has been using cannabis.

"Since these offences, he has taken steps to limit and reduce his drug intake.

"He pleaded guilty to harassment on the day of his trial because he didn't want to put the two people through the trauma of having to give evidence.

"He played music on numerous occasions far too loud and didn't take into consideration that he was in a terraced property where noise can travel through walls.

"It was committed at a time when he was going through a dark period in his life.

"He didn't consider the effects the music would have on his neighbours.

"He was being rather selfish but he didn't set out to upset his neighbours, and there have been no further complaints about him since these matters came to light."
Why, it sounds like he’s a poor, misunderstood little chap, doesn’t it?

In which case, why the need for this extra caveat?
As well as jailing Duda for 18 weeks, magistrates also imposed a restraining order on him, which prevents him from having direct or indirect contact with Miss Dunlop or Mr Austin for a period of three years.
Which, given he no longer lives there, tells you all you need to know, doesn’t it?

But there’s always one or two who see him as the real victim:
by RobT1983

“The bottom line is that this guy is not a bad guy. He's not dangerous and if any of you "lynch-mob" actually knew him and could see past the petty criminal acts, I guarantee you would find it hard not to like him.

There are far worse people on the streets of Biddulph, causing alot more damage and harm - but Ains is in the spot light? I seriously dont get it. I understand that what he did wasn't the best decision of his life but to be publicly humiliated when you have got REAL criminals roaming round with little or no attention focused on them, is telling me that something isnt right here.

Once again for the "lynch mob" - I do not condone what he has done, but i strongly oppose this form of public humiliation - especially when his crimes are as petty as they are in comparison to what goes on.”
At least that one was well written:
by vickyc01

“the lot u of u picking on some one on ere u don't even know or lived next door to makes me sick ,, u all picking on him off wot a news paper says -- they r makeing money off a good head line saying hes a junkie -- that is what sells papers ,, how can u all judge when u don't know the background of the story -- just what the papers say !!,, n saying gay boy ,, oxygen thief - n i hope he rots -- come on guys its music not murder pffftt its u small minded people make me sick !! were in 2012 not 1960 - im not having a go but don't judge people unless u know them n reasons why they play music loud -- i play myne none stop to block out listening 2 arguments - n people shouting ,, i think people should find out reasons of things b4 thety have any right to judge -- none of us r perfect -- so no1 should have any right judge any1 untill they know the truth .”
Got that? Good!

14 comments:

Tattyfalarr said...

*only* and *just* want to listen to loud music ? One word - Headphones.

How complicated does it need to be, really.

Anonymous said...

Though I don't agree that anyone should be an annoyance to others in any way, I do have to say that I live not that far from this area, and its the kind of place where even the mice wear overalls. Also there are a lot of self righteous finger waggers in the area who are never satisfied no matter how far you go to appease them.

Added to this, the local rag isn't above stretching the truth to sell a paper or two.

I don't know this guy or his neighbours so really can't comment on it but all I'm saying is that you shouldn't take the word of our local rag as gospel. Chances are, if I were to hazard a guess, that things weren't really as bad as painted. As for the drugs, well, him and a million or so others in this area.

Ciaran Rehill said...

It only takes one alas and our scum bag was Moroccan. So, coming home at 3am and putting earsplitting music and doing drugs was okay? Plod could not give a **** but it was amazing how when RENT was withheld that Landlord took notice!

allcoppedout said...

The truth in these matters is that police and especially other authorities are worse than useless. In our case they had no clue and when I found other victims the story was the same. Cops would claim the local authority should act and no crimes were involved. In our case the eventual list included arson, harassment, drug dealing, theft, fencing, several assaults ... and in another the drug dealers who came to attention through noisy music were involved in murder and possession of explosives.
Cops lied and even attempted a false case against me. IPCC etc. useless.

A new law on breach of the peace would help sort matters, with any noise making machines confiscated. Even then, what do you do when promised anonymity to give evidence against murdering drug dealers, take your place behind a screen in court and find the usher reading out your name and address! FFS!

Give me righteous finger-waggers anyday Anon - ahead of gormless scrote, tosser MPs (ours was scum)and lying officials protecting themselves by character assassination of victims.

Anonymous said...

"Give me righteous finger-waggers anyday Anon - ahead of gormless scrote, tosser MPs (ours was scum)and lying officials protecting themselves by character assassination of victims."

Take your pick - we have both here.

Brian, follower of Deornoth said...

You forgot to mention the magic tin legs of money.

James Higham said...

developed a cocaine and alcohol addiction and has been using cannabis

Now, if he cut out the first two, he'd be calm and this would not have happened.

Maybe.

A salt and battered said...

De Camptown ladies sing this song, Duda, Duda. These enigmatic lyrics are now explained below:

Polish name expert Prof. Kazimierz Rymut in his book "Nazwiska Polakow" (The Surnames of Poles), Duda is one who made a lot of needless noise.

Anonymous said...

The 'training' i was given 25 years ago, was that noise complaints was a matter for the local authority. If we attended and it was excessively loud we submit a statement to them for them to act.

There were a few occasions when we exceeded our remit and threatened to lock up for breach of the peace "the ways and means Act". Sadly that has been eroded over time and any officer trying that on would be "you-tubed" and sued for acting unlawfully. With the last lot of guidance on breach of peace as a result of a course case, there would be no way i would arrest for it in cases similar to this.....god bless the Human Rights Act and liberal Judges.

We are also reminded that the Harassment Act was brought in for stalking type offences and we have misused it by taking it to extremes whereby anybody slightly inconvenienced would scream harassment and demand us to act. If he was doing this intentionally as seems then good on them for using the Harassment Act. I would just be concerned with some of the public, that i would be locking neighbours up because on 2 nights running they have been annoyed and harassed by their neighbours dog barking and then quoting this case demanding arrests.

As a Police Officer i don't have a problem with tackling these kind of inconsiderate and selfish people....just make the law and subsequent training clear to us.

I would have done exactly what that bobby did, walk away, document it and forward it to env.health to deal. They have noise monitoring equipment which we don't and we have had successfull prosecutions with it.

Every one has different tolerance levels and mediation between neighbours, something which we get criticized for, often resolves some of these problems. But the cases where this has been done don't get to the newspapers....

anyway i've got to resolve a neighbours paking dispute tomorrow. Think it is my fault these estates weren't built with sufficient parking space and the 2 of them are arguing over who should park on the one bit of space outside their houses. I should follow the judgement of solomon and cut their cars in half !!!! If you read something in the paper about an officer walking away in despair....it will be me.

JuliaM said...

"One word - Headphones."

No, no! They are strictly for use when crossing roads!

"Chances are, if I were to hazard a guess, that things weren't really as bad as painted. As for the drugs, well, him and a million or so others in this area."

And, presumably, the assault on the traffic warden?

"The truth in these matters is that police and especially other authorities are worse than useless. "

When we left behind shame, we left behind any other form of societal compulsion. Nothing else works, except, as someone pointed out in another post, to provide work for lawyers...

"Every one has different tolerance levels and mediation between neighbours, something which we get criticized for, often resolves some of these problems. "

But it shouldn't be a role for the police. If laws are broken, arrest 'em. Otherwise, nothing doing.

Hexe Froschbein said...

Duda?

Du Da?

Oh, there's a song about folks like that...:

In der Ecke steht ein Schwein Du Da, Du Da --kann ja nur der Duda sein...

8():

(It's an ancient German kiddie song that kids used to sing to harass idiots in public)

AspieMum said...
This comment has been removed by the author.
AspieMum said...

I do know the truth vickyc01 .... and that's why I'm so disgusted !!!!

Anonymous said...

Ainsley has a good heart & soul.
Everyone gets a little lost & makes mistakes.
No one is perfect including stealth blogger!!!!