Tuesday, July 20, 2010

The courts, the system & concioussness = part 3

I invited a few select people to come and her the case. I arrived 10 minutes early and in the waiting area were seated 3 PCSOs waiting to give evidence int he case. I said hello and asked if they remembered me jokingly. It was all in very good humour. A few friends turned up and then Charlie turned up and said 'Is this the trial for Danny Shine and the 20 Kilos of Cocaine ?' Again all good humour.
Then the prosecutor - a woman in her thirties - called me. Just as we were going into court she said 'We are going to lay a new charge on you - Section 5 of the public order. I was totally shocked. I had prepared so diligently for this byelaw - and now she was changing the charge ? How could this be permissible ? BUt it was. I went into the court room - which was just like a normal room - not even a dock. She handed me the wording of the charge. I was so shocked that I didn't even read it. I told the magistrates that I could not possibly defend myself because I hadn't prepared for this.
The problem for them was that there were FIVE police people there and a whole day in court set aside for this. To adjourn would be crazy cost wise. They made it clear to her that they were not impressed with what she had done. When a person represents themselves, I must say that the magistrates and clerk do go out of their way to help.
I told them i needed more time and they went out of the room and when they returned , they said they couldn't give me the time. I could have 10 minutes but thats all. I was still in a state of fluster but one thing I didn't do was to go into victim mode. This was what was happening and this was meant to be.
For some reason, this CPS prosecutor was determined to get me. On the way up in the lift, Charlie had discovered that she was actually an ex police woman ! So it could be that she had seen the films and was not impressed and that is why. or alternatively she had seen the case only that morning and realised that she had no chance of winning. You see the reason she changed it to a section 5 is that for almost all laws, the CPS need evidence. in my case there were no witnesses. But for section 5, all the police need to say is that 'someone' complained. They dont need to say who. Then , if they ask you to leave and you refuse, they can charge you with section 5. (more about that later)
i went outside and tried to stay calm. My wife and sister - both very wise, suggested that it would not be wise to get the case adjourned because these magistrates were already sympathetic and that might not be the case in another court.
In the previous weeks, both a lawyer and a clerk friend had mentioned that there was something called being 'bound over to keep the peace.' This is a deal whereby the prosecution agree to drop the charges and I would agree that for a certain sum of money for a fixed period, if I breached the peace, I would be fined that sum. The strange thing about this legal fiction (its all fiction of course) is that it can only be applied if there is a real chance that i WOULD breach the peace again !! I decided to ask for the bind over. At first we couldn't believe that the prosecutor would agree but with hindsight, she obviously realised that the magistrates were already against her so it may be her best bet.
The prosecutor askled the Mags if they would agree to the bind over. They said that they wanted to hear a bit about the case. The prosecutor then read out a statement which was so skewed, it made me sound like a monster. She added a critical lie at the end which I am sure the police would have backed up even though it wasnt in any of their 5 statements. She said that people had complained and that they had asked me to leave and I refused. This was a blatant lie. The prosecutor then recommended that I be given the longest bind over.
I then gave my said of the case, explaining about the dont panic sign being inspired by teh hitchhikers guide and that I am a performance artist etc.
After retiring for a few minutes , the Mags returned and gave the prosecutor a good old telling off. They said that this country prides itself on freedom of expression and that I hadn't even been on the railway and that they were clearly not impressed. They gave me the shortest bind over possible - 3 months- at the smallest amount of £50.
I have had mixed feelings about the whole thing since but it certainly feels like a weight off my shoulders. the whole process is so intimidating and confusing and it feels rather out of balance to me to put it mildly.
When I saw the officer who arrested me, I apologised to him for getting into a dispute and he seemed to appreciate that apology.
The main learning point from the court day was that i went there with a mindset of compassion towards all who were there even including the prosecutor. She has her life and is stuck in the system. She came in with fear energy for whatever reason and I came with love energy. And it seemed to work out for me in the end.
I was disappointed that I didn't get to make my speech and ask all the carefully thought out questions but part of me thinks that this was a good thing because it meant that I didn't have to fight the system. My feeling is that fighting the system will ultimately fail because it has been in place for a very long time. But love , it is said, is the answer to all questions.
For those who are really keen, let me have your email and I will email you a copy lof the the police statements and my questions and speech.
Question for Edward the lawyer - I presume it is not possible to appeal or challenge what happened given her unethical behaviour changing the charge at the last minute ?

24 comments:

AlexFate said...

A very good post Danny - thank-you for sharing again... 'curious though, are you saying that all charges against you are dropped for good if you agree to being bound over? Will these actions have any legal influance should you be charged again one day..?
Alex
PS - no reason why you shouldn't but I noticed how many times you began a sentence with 'I' - perhaps showing how personal this experience has really been for you...

John Payne said...

Danny, I would love to see your questions and speech. Would you send them to colopay@hotmail.com
I am glad this worked out in the end and that you haven't stopped bullhorning.If I'm allowed a vote, I would love for you to make new videos. Either way much love to you and yours.
John

Marchije said...

Thanks for sharing your experience with us. I am voraciously seeking and absorbing all I can about peoples' experiences in representing themselves in court. Please also send me a copy of the charges and your questions/statement. I would love to read them: marchije@yahoo.ca.

MRPopplemouse said...

Its funny how we have situations where we think 'I wished i said this' and our mind kicks in and imagines scenarios and different outcomes almost like a trance (in my experience) that brings on all kinds of emotion, but acting with the heart is a different thing it seems, more a real way of communication maybe more possible when mind is quiet and we are aware of what the ego would do in that position maybe.

farid1323 said...

I am interested in a copy of your speech/questions and the statements of the prosecutor etc.
you have my email address as i sent it to you last night. thanks.

farid1323 said...

i dont mean to be 'parrotting' links to you so i apologise before hand danny, but since you found the last link i posted to you interesting, then i am sure you will find this one interesting indeed. if you haven't already come across it(i came across it today and have been reading it since). there is a small intro by the forum owner (i think) which explains where it comes from. the content well....it speaks for itself, i think, whether it is true or not.
http://www.illuminati-news.com/pdf/DialogueWithHiddenHand-WesPenre.pdf

danny shine said...

thanks for your comments. -John Payne - i tried your email address but it bounced - for some reason all hotmail addresses fail when i send them stuff so it will have to be a non hotmail one or perhaps mrchije can forward it to you !
faird - i have seen the hidden hand thing - not convinced. I guess with al these things the real question is what to do about it all ?

farid1323 said...

maybe there is nothing to do except to be. ie you going to court doing what you did (yes you were doing something) but what i see as important is how you were being. you went there with love? that is a way of being maybe? or maybe i used a bad example.

farid1323 said...

oh and yeh about the hotmail address. i have a gmail one too. anwari.farid13@gmail.com
so send me that stuff.
thanks.

Anonymous said...

Danny - sounds interesting. I'm very pleased that you weren't convicted of anything! If you want to have a chat about the binding over and the options for appealing, drop me an email (el@fountaincourt.co.uk) and we can discuss off-line.

Ed

Marchije said...

I've forwarded the docs to colopay@hotmail.com. Hopefully John will get them. I'm not sure if I'll get an undeliverable message via my yahoo account, but I guess we shall see.

baab said...

Hello Danny,Please send me a copy,I have been following these posts for a wee while now and I am curious as to how your 'actions', were presented by the police officer.
And I am also interested in the questions you wished to ask.

John Payne said...

E-mail and how it works seems to be less predictable than Wonka's Chocolate Factory but I did get both E-mails, Thank you.

Lisbeth said...

Wow thanks for sharing. Looking forward to seeing the video. Will it be on you tube? how will I be able to find it?

danny shine said...

i will need an email address to send stuff ! and yes mr pop - the mind is such a tricky beast - full of i should have said this that and the other. Plagues me. BUt someone said wisely that they thought it was a good move to get out of that place as unscathed and soon as poss. Although I think i could and should have won the case even with the new charge, what goes on in there is that there are suprises all the way along so its unpredictable other than to say that there is a good chance more unethical things could have happened (and like I say here, they were going to lie about my refusing to leave) so I suppose I did alright given the fact that it seems so rigged.
And regarding the use of 'I' - yes I did take it personally. It was difficult not to. Is that a good thing ? Dont know. I did a course this year called non personal awareness. look it up if u want. blessings

Anonymous said...

sorry danny
heres my email
troydonkey@gmail

Tomjd said...

Hey Danny just catching up on your blogs, would love to see the full thing if you don't mind tomdunt@hotmail.co.uk. Also with regards to the video footage I mentioned a little while ago it's doubtful we'll use it as the quality didn't turn out great, if we decide to though I'll make sure we run it by you first. Hope all is well :)

The Free Advice Man said...

My Free Advice: consider that this was a sort of 'warning signal' from whoever...from the 'someones' of the world. Remember; whoever does not care about your life, but they do care about keeping things under control, preventing total chaos and preventing situations which would only further convince people that things are not what they seem. Obviously; things are not what they seem. For me the facts are clear (and I know you know these things, even as you do not always act/re-act accordingly): 1. We live in a world where it is getting almost totally impossible to know what is really going on and who can or cannot be trusted at all! 2. Sensitive people like us, who really do care about the welfare of others, are often the least able to be of practical help to others; as our finances are deliberately limited by the 'someones' of the world! Thus we feel frustrated and to cope we do things that, however well-intended they may be, often backfire, may have been poorly devised, and may even put us at even greater risk! 3. The Mass Media Moghuls...we know who they are...have devastated proper investigative journalism and little of it remains to be seen. Thus; we are further silenced, ignored, marginalized or deliberately misrepresented. Such that when the 'someones' abuse the authority they have or force the authorities to violate the principles we have a right to expect of them; we have nowhere to turn to get the media attention our case deserves! Which has a lot to do with why some people snap and do horrific things which only give more power to those 'someones'! 4. IF we want to get people to really think about things, to realize what a horrible waste of Life-Time it is to feed into all the garbage that is fed to us by the Mass Media Moghuls and all the false hope spewed by the 'public complacentors' we must be more subtle, creative and indirect in our ways! Like Leonard Cohen, Ray Bradbury, Kurt Vonnegut,etc...all people I've met and appreciate! In fact; through Art we have more power than we realize; BUT it is the HOW that matters. "Everything Is OK" is a challenge. But it is also very provocative, and thus provokes confrontation! "Free Advice" is treated with greater skepticism, suspicion and disrespect these days! And thus tends to become a waste of time (unlike when I first did this in 1987). "Love Police"? That's an Oxymoronic, antagonistic, device and is full of dangerous contradictions! The Answer lies in countering the Mass Media Moghuls with our own Newspapers, Radio, TV, Movies and Video-Games! I plan on finding a way to publish a Newspaper called "The Positive Moderator" and which will focus on reporting on all the Moderate people and activists of the world...the non-extremists...the non-fools: people like you and me! But I will only be able to do this with enough cooperative effort from all who are true moderates. True Liberals are Moderates... Being Moderate is not a cop-out. "One Million Voices For Peace Israel/Palestine" is one such Moderate voice. As are those Londoners who oppose violent reactionaries and pseudo-radical social anarchists. A Moderate does not make contradictory statements.
The 'someones' do not know how to handle the Moderate Activists...but they do allow 'other extremists' to do their bidding for them! We are, in a sense, naked in a forest full of wonderful creatures and also full of dangerous creatures. We must become like the Wise Taoist Sages! Remember "Even Cowgirls Get The Blues" and Pat Morita's character in it? That's how I try to be! Moderately Extremely Moderate! Ha Ha, Hi Hi, Ho Ho, He He! SMILE: Moses Loves You!

The Free Advice Man said...

My Free Advice: consider that this was a sort of 'warning signal' from whoever...from the 'someones' of the world. Remember; whoever does not care about your life, but they do care about keeping things under control, preventing total chaos and preventing situations which would only further convince people that things are not what they seem. Obviously; things are not what they seem. For me the facts are clear (and I know you know these things, even as you do not always act/re-act accordingly): 1. We live in a world where it is getting almost totally impossible to know what is really going on and who can or cannot be trusted at all! 2. Sensitive people like us, who really do care about the welfare of others, are often the least able to be of practical help to others; as our finances are deliberately limited by the 'someones' of the world! Thus we feel frustrated and to cope we do things that, however well-intended they may be, often backfire, may have been poorly devised, and may even put us at even greater risk! 3. The Mass Media Moghuls...we know who they are...have devastated proper investigative journalism and little of it remains to be seen. Thus; we are further silenced, ignored, marginalized or deliberately misrepresented. Such that when the 'someones' abuse the authority they have or force the authorities to violate the principles we have a right to expect of them; we have nowhere to turn to get the media attention our case deserves! Which has a lot to do with why some people snap and do horrific things which only give more power to those 'someones'! 4. IF we want to get people to really think about things, to realize what a horrible waste of Life-Time it is to feed into all the garbage that is fed to us by the Mass Media Moghuls and all the false hope spewed by the 'public complacentors' we must be more subtle, creative and indirect in our ways! Like Leonard Cohen, Ray Bradbury, Kurt Vonnegut,etc...all people I've met and appreciate! In fact; through Art we have more power than we realize; BUT it is the HOW that matters. "Everything Is OK" is a challenge. But it is also very provocative, and thus provokes confrontation! "Free Advice" is treated with greater skepticism, suspicion and disrespect these days! And thus tends to become a waste of time (unlike when I first did this in 1987). "Love Police"? That's an Oxymoronic, antagonistic, device and is full of dangerous contradictions! The Answer lies in countering the Mass Media Moghuls with our own Newspapers, Radio, TV, Movies and Video-Games! I plan on finding a way to publish a Newspaper called "The Positive Moderator" and which will focus on reporting on all the Moderate people and activists of the world...the non-extremists...the non-fools: people like you and me! But I will only be able to do this with enough cooperative effort from all who are true moderates. True Liberals are Moderates... Being Moderate is not a cop-out. "One Million Voices For Peace Israel/Palestine" is one such Moderate voice. As are those Londoners who oppose violent reactionaries and pseudo-radical social anarchists. A Moderate does not make contradictory statements.
The 'someones' do not know how to handle the Moderate Activists...but they do allow 'other extremists' to do their bidding for them! We are, in a sense, naked in a forest full of wonderful creatures and also full of dangerous creatures. We must become like the Wise Taoist Sages! Remember "Even Cowgirls Get The Blues" and Pat Morita's character in it? That's how I try to be! Moderately Extremely Moderate! Ha Ha, Hi Hi, Ho Ho, He He! SMILE: Moses Loves You!

craigc88 said...

Hi,Danny i love the work you and charlie have done together and so i am in the process of creating a new website about the real truth of the new world order and the corruption/lies of the government and police,i would like (if it is ok) to post the full question and speech you would have ask along with thee 3 blogs you have put on here. Thanks and love be with you

Anonymous said...

Hi Danny, I love your work.
I've read on YouTube that you have stopped doing your videos which I think is a real loss and shame for us. I'm Not totally up to date as I have just discovered this blog but I'm guessing maybe because of this binding order?
Either way your videos are inspiring and fill me with hope that there are other like minded people out there.
Can I ask what you think would happen if I start using a Megaphone in my city centre for the purposes of what you use it for, do you think I'd get in to trouble with the Police? Also I'd be glad if you could forward your speech and questions to shopaholikk.couture@gmail.com. Thank you and I hope to see more vids in the future!

matthew said...

Great post!

You can seek a remedy against any inequity that happens to you - as a beneficiary of the public trust, you have the right to compel the performance of the trustees (government, police etc.) Mail me for more info!

greencigar said...

Hi Danny - Well done on documenting this and so articulately expressing what went on. I have been on a mission recently "fighting the system" on a basis of loans, TV license etc etc... I have managed to make a HUGE amount of ground, but this Section 5 thing is really worrying and the potential for officers to fabricate is large. Please email the relevant paperworks on info@gccreative.co.uk.

Best of luck my friend and please feel free to check my youtube channel (greencigar)

zac said...

Hi Danny, I was assaulted by a pcso for riding a bike on the pavement,as he attempted to extort a 30 quid out of me.When I resisted they had me arrested and made up a pack of lies saying I had assaulted THEM and I now have to go to court and have a trial.A TRIAL for going out for a bike ride by the river.The whole thing is pathetic beyond belief but this is whats happening in this country more and more.Can you please send your questions to zac@baby700.co.uk as it may help with my 'case'