Police appear to be no closer to investigating goings-on last Christmas in Downing St or Tory HQ
Let me tell you about a young Kingston man & his year fighting a massive fine for a party on Dec 13 last year.
This should make MPs stop and think about the system they've created.
Student Othniel Agyei, 21, is accused of throwing a birthday party for a friend at his home, with around 40 people present.
People were enjoying a drink, shoulder to shoulder in the kitchen, 'cheek by jowl' perhaps...
Sounds like a breach of Tier 2 rules, on police evidence.
There is a second police statement, however, which may be important.
One of the guests at the party identified a man called 'Ben' as the organiser, casting at least a little doubt over who organised the event and who might liable for a fine.
In Jan, Mr Agyei was hit with a £10,000 fine, a huge amount for a student to pay I'd imagine
He set about challenging the penalty by contacting ACRO, the police body administering Covid-19 fines
There's no formal appeals process, you have to write in to make your case
And on February 8, a reprieve. A letter saying 'case closed', the fine has been rescinded.
Signed by the chief executive of ACRO, so a letter you'd think you could rely on:
Fast-forward to April and another letter arrives, telling Mr Agyei he is being prosecuted under the Single Justice Procedure.
Confused, he makes some calls and says he was reassured there is nothing to worry about. The court's letter can be safely ignored.
Imagine the shock when, in mid-May, a letter drops through his door saying he was convicted by a court of a Covid-19 breach and now owes more than £12,000.
At a behind-closed-doors hearing, no public scrutiny
Bailiffs, more fines, arrest, even prison if he does not pay up.
Armed with his 'case closed' letter and correspondence with the court and police, Mr Agyei sets about challenging the whopper of a fine.
You can sense the panic in the emails he sends, knowing that a £12,000 fine is hanging over his head and due within days.
An application to reopen the case was listed for mid-June & he didn't attend the hearing - that's his fault.
However
a) the prosecutor had no idea about the case so would have sought an adjournment
b) the judge didn't look at the case to see if there was a problem she could fix
The case is listed for a fresh challenge in late November - after a six month delay - but is adjourned "for prosecution to respond...if they have any objection".
Mr Agyei was present, but the prosecutor in court doesn't know about the case.
Yesterday, Mr Agyei was in court again. Once again, the CPS prosecutor didn't know the background to the case.
The police officer who brought the prosecution in the first place will now be written to and told to come to court next time.
Adjourned to January 5, 2022
Where does this leave Mr Agyei?
This was the judge's assessment:
"I make it clear, the fine still stands and you should pay it.
"The conviction stands. If the application is successful, the fine will be returned."
So in summary, police told a suspect 'case closed' then prosecuted him anyway.
Whether he committed the offence or not, he's made significant efforts to challenge it.
A £12,000 fine hangs over Christmas, largely due to court delays and police lack of engagement.
This is the consequence of MPs deciding to criminalise Covid-19 breaches, with no appeals process for the massive fines.
While some apparent rule-breakers do not, currently, even face police investigation, others are dragged through the justice system.
One rule for them...
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The Downing Street 'party' debacle has shone a welcome light on what's been happening in Covid-19 prosecutions in London.
That Ilford gathering I posted earlier is one of a series of cases dating back to December 2020 which are before a magistrate this week:
All bundled through the Single Justice Procedure, not in open court, not publicised in any meaningful way to the public, dealt with by a magistrate sitting behind closed doors.
There have been more than 2000 of these type of prosecutions in London since last September.
More than £1.2m in fines imposed, for lockdown parties, illegal gatherings, after hours work drinks, and more.
The Met Police happens to be, this week, prosecuting an alleged illegal gathering on December 18 last year.
Not in Downing Street, but a house in Ilford.
Being around a year ago isn't the issue - I'd imagine this prosecution was launched last month.
However the basis of it is overwhelmingly likely to be a police officer's statement, giving evidence of what they saw on Dec 18.
The Downing St 'party' case faces two obstacles:
- police policy not to investigate Covid breaches its officers didn't personally witness
- a lack of actual evidence
Nothing insurmountable, but you'd imagine a whistleblower speaking to police is essential.
"Why are they still appearing by videolink?", asked a member of court staff, of barristers in a sentencing hearing.
"A lot of people are getting sick", replied her colleague.
"Maybe they just don't want to come anymore", said the first.
At first, I was annoyed to hear this kind of comment, as if caution & safety measures should be set aside simply because the pandemic has been going on for a while.
Covid-19 cases are rising sharply, shouldn't remote solutions be preferred - if possible - as winter approaches?
A top judge the other day said: "We've now reached a stage in the playing out of the pandemic when it is possible to contemplate a gradual increase in the volume of cases that are heard in person in
court".
It might be 'possible' but is that kind of sweeping approach sensible?
These are some of the words offered in mitigation for PC Wayne Couzens, as he faces sentencing for the murder of Sarah Everard.
His barrister argued that a life sentence, but not a whole life sentence, should be imposed, and Couzens is likely to die in prison either way.
"He makes no excuses for his actions, he accepts he will receive and deserves a severe punishment.
“No right-minded person reading the papers or listening to the statements read out by the Everard family could feel anything other than revulsion for what he did.
"He doesn't seek to make excuses for anything he did. He is filled with self-loathing and abject shame and he should be.
There is little mitigation and deserves and expects nothing less than a life sentence."
The Met Police officer who kidnapped and murdered Sarah Everard used Covid-19 laws to carry out a bogus arrest of the 33yo, the Old Bailey has heard.
He was carrying an array of police equipment and posing as an undercover cop when he handcuffed and captured her.
PC Wayne Couzens, an officer who was heavily in debt and contemplating leaving the Met, had made preparations for the crimes he was about to commit, including buying a spare key for his handcuffs.
Sarah Everard was walking home from dinner with a friend when she was kidnapped.