By
Rebecca Seales
Last updated at 3:45 PM on 4th January 2012
Rebuke: His Honour Judge Gilbert QC told the Crown Prosecution Service to sharpen up its act
A judge has demanded that prosecutors be a ‘little bit more serious’ after court papers used at Plymouth Crown Court included the words ‘blah, blah, blah’ and ‘yakkity schmakitty’.
Judge Francis Gilbert QC was presiding over a preliminary hearing for William Lennox, 18, who is accused of assault, witness intimidation and threatening behaviour towards his partner.
Prosecutors told magistrates at an earlier hearing that Lennox, from Crownhill in Plymouth, allegedly stamped on his partner’s head while she was on the ground, causing a ‘perforated ear drum, heavy swelling and bruising to her cheeks and forehead and scratches to her neck’.
Spotting the bizarrely-worded papers
during a hearing at Plymouth Crown Court this week, Judge Gilbert asked
prosecuting barrister Emma Birt if the indictment he had been given ‘was
the real one’.
Ms Birt confirmed that it was not.
The Judge proceeded to read aloud the contents of the paperwork outlining the charges against Lennox, which said:
‘On 29th day of October, knowing or believing that blah, blah, blah was assisting in the investigation of an offence did an act namely yakkity schmakitty which intimidated and was intended to intimidate blah blah blah intending thereby to cause the investigation to be obstructed, prevented or interfered with’.
Scene of the crime: Plymouth Crown Court in Devon, where court papers were found to include the words ‘blah, blah, blah’ and ‘yakkity schmakitty’
Judge Gilbert said he recognised that such paperwork often slipped through the net by accident, and that the incident was nothing to do with Ms Birt.
Nonetheless, he urged the red-faced prosecutor to convey his displeasure to the Crown Prosecution Service, saying, ‘I hope that the CPS will act a little bit more serious in future’.
Lennox, 18, was bailed to return to court next month before his trial in March.
A spokesman for the CPS said: ‘The allegations against the defendant were started as two cases.
‘In order to progress the cases electronically and maintain an accurate record of the defendant’s custody time limits, the two cases has to be merged and a ‘dummy’ indictment drafted.
‘When the two separate cases were merged on to the computer system the ‘dummy’ indictment overwrote the correct one.
‘The error was identified well in advance of the hearing and the correct indictment was sent to the crown court at 8.51am on 26th December.
‘For some reason, the judge chose to read out the ‘dummy’ indictment in open court.’
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‘blah, blah, blah’ and ‘yakkity schmakitty’.
Pretty much what I think of most, if not ALL judges in this country.
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The draft indictment should never have made it into the Court papers.
The Judge chose to deliberately mistake the draft indictment for the proper one. The CPS were not being “less serious” than they ought to have been.
The Judge was obviously having a bad day and feeling a bit tetchy and wanted to have a go at someone.
Having been a Magistrate, I have seen my fair share of CPS gaffes but at the same time, I certainly would not have been so stupid as to berate the CPS for not being serious when the mistake was obvious. Someone at the CPS office was not being dilligent enough when they prepared the file for Court and should have spotted the mistake in the final papers.
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The incompetence of the CPS in delaying and rescheduling cases involving witnesses including police and translaters, while ‘Legal Aid’ Lawyers smile all the way to the Bank, is costing the Taxpayer many millions of pounds. – Malachy, Belfast, 04/1/2012
On the contrary, legal aid lawyers gain absolutely nothing from adjournments – they get a fixed fee which remains the same however many hearings there are.
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The Crown Prosecution Service attracts third-rate lawyers who are never going to make it in the cut and thrust of the real legal world. They have excellent salaries and inflation-proof pensions. So they don’t have to work too hard to make a living. And they only take on cases where they have a subnstantial chance of winning. Thus I have no sympathy for the fact that in Plymouth they are shown up as being clowns.
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Did the Judge really ask them to “act a little bit more serious”, DM, or more seriousLY?
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The judge has only just left the bar.
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– ben, london, 04/01/2012 15:13
Maybe your mother should think more carefully about calling the police to solve comparatively trivial family domestic arguments when they have plenty of ‘real’ incidents to deal with. Shouldn’t have rang police in the first place, shouldn’t be used as weapons in petty family squabbles. The CPS will still pursue a prosecution by means of what is called a ‘victimless prosecution,’ if there is sufficient evidence.
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The Criminal Prosecution Service (CPS) is peopled by Leftist idiots; none more so than Keir Starmer, its creepy Labourite boss!
– Derek Peake, Exeter, 04/01/2012
CPS are actually the Crown Prosecution Service NOT Criminal…. Although I agree, much of what they do is tantamount to criminality!
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‘I hope that the CPS will act a little bit more *serious* in future’.”the two cases *has* to be merged
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The incompetence of the CPS in delaying and rescheduling cases involving witnesses including police and translaters, while ‘Legal Aid’ Lawyers smile all the way to the Bank, is costing the Taxpayer many millions of pounds. When the Judiciary are introduced into the situation, accepting almost any reason for delay, an air of lunacy enters the situation. Any young Graduate competent on the computer could tie the ends together and bring about massive savings.
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