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Issues arising from police confiscation of evidence

anon@indymedia.org (Gulliver) | 17.03.2012 08:55

The Police' sforceful confiscation of photographic eveidence from journalist Lewis Stainer raises some important issues that should not be overlooked.

It was reported on Notts IMC (16th Mrach) that the NUJ intends to pursue the case of the student journalist who had his photographic evidence of a police arrest taken from him  against his will by Nottinghamshire Police.

It is to the credit of the NUJ that they are doing this although some aspects of thier language is worrying:-

Diana Peasey, the chair of the Nottingham NUJ branch said: “Legislation recognises that journalists have ‘rights’ under Special Procedures and the tape should never have been confiscated in the first place.”

This statement further reinfiorcesed the dangerous attitude that the Police (and other authoriites) should be permitted to do as they please unless we can point to evidence of a 'right' the people have to stop them. Bearing in mind that such right are conveyed upon us in any case by those in power this is a circular arguement perpetuating the subjugation of the people.

Further, it is to be hoped that the NUJ  (and I have not evidence to suggest otherwise) would be equally supportive of any member of the public who finds themselves in this position, given the increasing use by the media of  bystander images (often the only availbale in fast moving situations).

 

But, perhaps, or greater significance is the issue of police tampering with evidence. By quickly removing the evidence from an independant witness at the time of the incident the police potentially denied the defence evidence which may have been important to them. This serious breach was compounded by the later tampering with the evidence by officers unknown prior to returing it to the photographer.

Now, I am just a member of the public and no lawyer, but I had always believed that tampering with evidence relating to a suspected crime was a very serious matter. People do get custodial sentences if convicted for such offences.

I will not hold my breath for justice in this case: I suspect another criminal will walk free because he is in uniform.

 

 


anon@indymedia.org (Gulliver)
- http://nottingham.indymedia.org.uk/articles/2478

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  1. special procedure material — brummie
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