Quote:
Originally Posted by Shasown
No you werent clarifying anything, you were simply trying to undermine points I made. Thats what debates are about. You have very little idea of any qualifications or experience that I have in Law.
The merits of a successful prosecution in one case does not depend on the facts of the other even though both cases are interlinked.
The trespass allegation will cover either travelling without a valid ticket or If Main was able to give some reasonable semblance of an excuse for not having a valid ticket for travel at the time he was travelling, failing to comply with the requests of the conductor.
As for the section 38's there are excuses already mentioned, the fact he claims to be diabetic, a good medical excuse allows for what would be classed as unreasonable behaviour in a normal person to be accepted as exceptional behaviour. Dont think he will get away with the shouting and swearing though. Thats if the PF actually prosecute.
Bearing in mind, what has been quoted in the media as his comments can easily be denied in court.
PF is in a no win situation with both cases.
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Nothing new here though - this has all been said over and over again.