OCV octaviar limited

Partly true. This is what actually happened:1) Original charge...

  1. 54 Posts.
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    Partly true. This is what actually happened:

    1) Original charge thrown out because there was
    no such offence. Legal expression used was
    along the lines: "No such offence known to law"

    2) OFT then wished to amend charge but CS counsel
    argued as follows:

    a) Magistrate had no power to amend charge as
    amendment actually created a totally new charge
    which was radically different to original charge.

    b) Would be futile to amend charge as the particulars
    in the body of the charge did not support the
    proposed amended charge and therefor a conviction
    could not be obtained for that amended charge.

    Bottom Line
    ===========
    Magistrate accepted that, if particulars of the charge were amended, then a new (radically different charge) resulted and OFT were out of time in bringing the new charge.

    But, if particulars were not changed, then a conviction could not be achieved. This stemmed from fact that new
    (amended) charge stated that CS ACTUALLY GAVE false docs
    to OFT official. But this did NOT happen. And no one has
    claimed it did happen.

    The falsity or otherwise of the docs was not tested in Court. This matter boiled down to CS word against the word
    of a hostile competitor.



 
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