On The Second Day Of Christmas, The Overbearing State Gave To Me…

…prosecution via hindsight:

… on Tuesday a judge told the jury to find Counsell, 51, not guilty after ruling the case against him was based on hindsight and there was no way he could have anticipated the conditions that were created that night.

That this case ever reached a court beggars belief.

The defendant, who has had his business disrupted and his reputation trashed, is understandably aggrieved:

"The prosecution case against me was based on the suggestion that I should have recognised the risk of something occurring which has never been shown to have happened before, which probably did not happen, and risk of which was not recognised by anyone else."

But wait, you say! ‘Not recognised by anyone else’?

Yes. Indeed so.

"The current authoritative guidance from the Health and Safety Executive contains no reference to any risk posed by firework smoke, whether on its own or in combination with fog.

"The same applies to guidance produced by other official bodies and indeed current guidance provided by the Taunton Deane Borough Council.

"The prosecution experts spent two years investigating the possible causes of the crash, including the interaction between firework smoke and fog. There were unable to find a single example of a case in which firework smoke had previously been shown to pose a danger. "

And yet, incredibly, this didn’t stop the prosecution…

Peter Blair QC, prosecuting, told the jury: "Essentially, the prosecution say they experienced a loss of visibility, generated, we say, by a plume of smoke created by Mr Counsell from his firework display which had built up.

"It was dispersed because of the lack of wind mixed with the humid air and drifted in the direction of the motorway.

"We say people were exposed to an appreciable risk to their personal safety that night as a consequence of the way Mr Counsell prepared for and then went about his business.

"We say that ensuring the safety of people using that motorway needed particular care if you were going to undertake a big firework display involving the use of a substantial volume of these hazardous explosives, which generated a lot of smoke.

"Smoke can have an appreciable effect on reducing visibility - that should be obvious. It didn't take long from the build-up of smoke to the dramatic loss of visibility.

"We say if he had adequately undertaken his health and safety properly, some or all of the consequences which unfolded on November 4 may have been avoided."

I can only assume Peter Blair QC doesn’t possess a dictionary, and so is unaware of the meaning of the word ‘appreciable’. Or ‘obvious’.

Naturally, everyone involved in this is in CYA mode:

Barry Hughes, Chief Crown Prosecutor for CPS South West, said: “This was an extremely complex case and we worked closely with Taunton Deane Borough Council and sought evidence from experts and many eye witnesses before making the decision to charge Geoffrey Counsell with breaching the Health and Safety Act.

“The burden falls on us to prove our case beyond a reasonable doubt. The judge was not satisfied that the evidence available passed this high threshold and has directed the jury to acquit Mr Counsell. We accept this decision.

“Over the last few weeks the jury has heard from many of those present on the night of the incident. I would like to thank them for coming forward to give evidence as I know how hard it must have been to relive the events of that night. 

“I would also like to thank Avon and Somerset police, who conducted a thorough and detailed investigation. “Our thoughts today are with all those involved in and affected by this tragic incident.”

Are they with poor Mr Counsell?

A statement released by Taunton Deane Council just now reads as follows: The acquittal of Geoffrey Counsell, on the direction of the Hon Mr Justice Simon at his trial at Bristol Crown Court, marks the end of a lengthy investigation by Avon and Somerset Police and Taunton Deane Borough Council.

After the decision, Leader of the Council, Cllr John Williams, said: “I hope that the end of Crown Court proceedings brings some closure for the families, friends and colleagues of those who lost their lives or suffered injury in the terrible events on November 4 2011.

“The Council is now seeking to work closely with the relevant authorities to see if the current guidance regarding large fireworks displays, such as the one at Taunton Rugby Club, is appropriate. We also pledge our support for any changes that may be deemed necessary.

“Our primary concern is to minimise the risks of this type of unimaginable incident happening again.

“On behalf of the Council, I would like to extend my deepest sympathy to the families of the bereaved and the families and friends of all those affected by these terrible events. ”

Does that include poor Mr Counsell?

Also justice system intransigence.

Because ‘The Curry House Argument’ Wasn’t Working…

The UK Border Agency was today accused of damaging London’s reputation for world music with a “heavy-handed” visa clampdown.

Oh noes! However will we look….errr, somebody…in the face again?

Music promoter Jay Visvadeva had to cancel two performances by the renowned Pakistani group Sachal Jazz Ensemble at Kings Place in King’s Cross last week.

And thus the music scene in London is that little less vibrant and rich. Or something.

“Six professional musicians who travel the world constantly should have a clean application. We had no issues with visas last year. The Border Agency are the culprits. They are heavy-handed especially with people from the Indian subcontinent.”

Gosh. I wonder why? Did they just pick them out of a hat? ‘Today, chaps, it’s roust the Romanians, and next Tuesday, it’s torment the Tonganese’. Is that how it works?

Or is there maybe a valis reason?

Simon Broughton, editor of world music magazine Songlines, said visa issues were making promoters reluctant to book musicians from certain countries. “I don’t know whether something has changed at the Border Agency but it has become a problem recently,” he said.

“Great musicians who are very well known in their own fields are not getting into this country, where there is an audience for them. Much of the music is a fantastic way of correcting the image of Islam as sombre and strict, but the musicians can’t get into the country. It doesn’t help the understanding of these cultures.”

I think we understand ‘em just fine. That’s exactly why we are tightening up on the entry requirements…

I Think This Says A Lot About The Circles In Which Lola Okolosie Moves…

Lola Okolosie seems a touch naïve…

Headmistress Davina Wakelin, of Meeching Valley primary school in Newhaven, East Sussex, is only saying something we all already know; we really shouldn't be swearing in front of children.

You just know there's a 'but' coming, don't you?

… such blanket calls to mind our language do not give young people enough credit. I have taught spoken language to students from 14 to 17 and every one of them, each year I covered the topic, recognised that appropriateness of swearing is dependent on context. Therefore, largely, they refrain from cursing in the earshot of teachers or other adults.

Ahahahahahahaha! Come take a ride on my early morning c2c train to Southend, love! You’ll hear language that’ll turn you …. errr, white. And at a volume that’ll liquify your brain.

And that’s from the (mostly black) girls…

Contrary to popular belief, they are not a homogeneously stupid and disrespectful bunch. In my experience, rather than swearing, young people are much more likely to use their ever-changing and inventive slang as a means through which they defy adults.

Don't worry, love, these days the 'adults' are just as likely to know that...

Swearing is fine if you are able to articulate yourself well without it.

Then...why do it?

On The First Day Of Christmas, The Overbearing State Gave To Me…

…justice system intransigence:

Gaal Gaal, 18, was wearing a smile as he made the misjudged attempt at banter on the canal towpath in Camden Town on October 6.

Gaal, of Brecknock Road, Tufnell Park, had first greeted Pc Adam Wellings with the words, “Hello, officer” before asking if he smoked. He then offered to sell some high-strength “skunk” cannabis, despite not possessing any drugs.

The court heard it was intended as a light-hearted remark, but it backfired badly after the teenager was arrested, charged and sent to Highbury Corner Magistrates’ Court. Gaal pleaded guilty to offering to supply a class B drug last Thursday.

I know what you’re going to say ‘A likely story!’ but…why address him as ‘officer’ if it wasn't a joke?

Certainly, the police farce accepts it was a joke…

His defence solicitor said: “He says he was joking and that was accepted by the police officer.

“He was smiling at the time and he knows the officer. He had no drugs on him at the time and neither did his friends.

“A caution was envisaged by everyone at the police station.”

And even that would have been too much.

Attempts to give Gaal a caution were scuppered when officers realised he was still 17 at the time of arrest.

He was transferred to the youth offending team, but by the time they processed the matter he had already turned 18 and so he was sent to court.

Whereupon he was fined £200, ordered to pay costs of £85 and – the final insult - a victim surcharge of £20

District Judge Peter Greenfield said: “If it was a joke, then it was a joke, but it’s a dangerous game to play.”

He warned Gaal not to commit further drug-related offences, saying he could “quickly amass” a serious record, which could mean that “life can get difficult”.

A serious record...

I Don’t Suppose You’ve Tried Parenting..?

Worried parents are urging transport bosses to bring in an afternoon school service so their children are not “wandering the streets in the dark” .

Tell your children not to wander around in the dark, on pain of a good hiding. Problem solved!

Bolton-based pupils at Bury Church High School must rely on public services as their school bus does not run at the end of the day.

Oh, just like…everyone else?

Transport for Greater Manchester (TfGM) said they do not have a spare vehicle to run a dedicated afternoon school service and insisted that the 512 from Bury Interchange is not “overloaded” .

I suspect the perception of the other passengers might tell you it is, since in my experience, 5 or 6 modern schoolkids can easily sound like 20 or 30…

But parents are very concerned at the failure of the bus company to pander to the every whim of their offspring meet this customer need:

Delia Cottam, aged 46, from Stoneclough, whose son William attends Bury Church, said: “We have spoken with the school and the police and they have been quite supportive. Now it is getting dark so early in the evenings, it is worrying that our children may be wandering through Bury with half an hour to spare.”

Naturally enough, the parents fall back on that old, reliable, tried and tested lever to move things their way - THE PAEDOBOOGEYMAN:

They are also angered by the time of the 712 service in the morning.

Ms Cottam added: “It is at 7.40am which means the kids are at school for just after 8am. “If they are delayed getting the bus home they sometimes will not get back until 5pm, which is too long a day. You can’t help but worry about your children in this situation as you just never know who might be about. They are more vulnerable and could be targeted.”

The only things likely to be ‘targeting them’ are, usually, their peers, despite the lurid pictures you are painting…

A Last-Minute Entry For 2013’s Darwin Awards!

A neighbour said: "I got a call when I was shopping that they had cordoned the whole street off.

"I heard rumours there was a vicious dog attack after someone had broken into a home but it turned out it was Emma who got attacked by her own dog.

Or possibly not hers, since the boyfriend's now been arrested. But the insanity here just beggars belief:

"We'd heard that a few weeks back the pitbull started getting really nasty with her because she is epileptic. If she had a seizure and she was on her own he didn't like it.

"I think she has had a fit and the pitbull's got hold of her – that's the only thing I can think of. Apparently it wanted to go for her whenever she was having a fit."

You knew they had a vicious pitbull and ... what? You did nothing?

Not just one Darwin Award contender then – a whole street of ‘em!

No wonder the police nonchalantly let the animal wander free…

One dog, which was able to leave the three-storey building, was caught nearby while the other was safely removed in an operation involving armed police.

And now to be kennelled at vast expense (it's ok, the taxpayer's paying!) as 'evidence' until the trial comes up.

Art For Art's Sake: Jansen

And my final choice for the year is the only one for which there's a video, and not a static image. Because a static image wouldn't do these extraordinary sculptures justice...



First seen at David Thompson's blog, it's the incredible Theo Jansen and his kinetic sculptures, with their eerie movement seeming like some bizarre creature discovered on a far-flung planet.

A very fitting last choice. I hope you've all enjoyed this 'series'.

Coming Over Here, Taking Our…Well, Whatever’s Not Nailed Down, Actually

When Emil Metodiev raided the Toms’ home in Ladram Road, Thorpe Bay, he wasn’t prepared for what happened next.

Trevor Toms, 62, chased him into the street in his dressing gown, alongside son Adam, 19, who was barefoot.

Neighbours managed to alert police as the pair tracked Metodiev through neighbouring gardens before the burglar was finally nabbed by police.

And if you ponder at the less-than-good-old-Southend name there…

The prolific criminal, who has a string of previous convictions for theft and burglary in his native Bulgaria, was jailed for 16 months at Basildon Crown Court yesterday.

Came over to make a fresh start, did he?

Richard Kelly, prosecuting said: “He had only been in the UK for eight days and had no independent means of income.

“It is not unreasonable to conclude the reason he came to the UK was to commit crime.”

No. It isn’t. Is it?

Well, I'll Go To T'Foot Of Our Stairs!

A councillor was rushed to hospital after falling down a flight of stairs just moments before a disciplinary hearing into her comments on golliwogs was due to begin.

Oo-er!

The council’s standards panel into her comments to The Argus in August has now been postponed until a later date.

The Hangleton and Knoll councillor was due to attend a hearing chaired by three fellow councillors into charges she had brought the authority into disrepute for...

Comparing black people to golliwogs?

No. Amazingly, by... well, read for yourself.

...describing golliwogs as “nostalgic, not racist”.

A heinous crime, I'm sure you'll agree?

She had been contacted by The Argus to comment on a story that homestore firm Bert’s had been selling golliwog place mats.

Brighton and Hove City Council received four “separate but similar” complaints from three residents and the authority’s Black and Minority Ethnic Workers’ Forum on her comments.

Ah! I smell the distinct metallic tang of axes being ground by the usual suspects.

Then Why Are You BREEDING?!?!?!

Heather Dickinson and her partner Bradley East-Watson, both 24, had been living in a two-bed flat at Howe Hill hostel in Acomb since May 2, having been evicted from a private rental in Clifton.

They have a two-year-old daughter, Paige, and Heather is expecting her twins in seven weeks. Heather said they were paying £212 a week to stay in the hostel and, on Bradley’s wage as a barman which varies each week depending on shifts, they could not afford to save enough for a deposit for another private flat.

GAH!

Heather said they had been on the council house waiting list for more than five years. They are on a range of benefits, but Heather said that some weeks their income has fallen well below their rent and they have fallen into arrears.

*weeps*

The Child Poverty Action Group campaigns for the abolition of child poverty in the UK and for a better deal for low-income families and children.

Chief executive Alison Garnham said: “It doesn’t matter how much debt a family has, you can’t introduce new-born twins into the world by making them homeless at the start of winter.

“Cuts to basic support for families, especially those stuck on low wages and zero hours contracts, are causing more and more families like this to get into serious housing debt.

“They can’t pay what they haven’t got.”

NEITHER CAN I ANYMORE!

They haven't opened this article for comments. I wonder why...