If you know me personally, you will probably be aware that I have a strong sense of justice, I am trusting and I believe in the better nature of people. I know I am often disappointed, but I'd rather trust and be let down than spend my life distrusting and being suspicious of everyone. I think it's mentally healthier, even though it means some challenging outcomes at times.
It is good though when, for once, your sense of justice is reinforced by the justice system itself. For a little context, in 2021 I was waiting for the car in front of me to turn right when the road was clear. I had my brakes on, it was a long, clear road. Bam! Boy racer rear-end shunts my car at speed. He's apologetic and actually quite concerned as I was very shocked by the experience at the time.
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| Picture from the talented Andrew Garrison |
The insurance took ages - but we got a decent enough reimbursement on the Beamer - not enough to replace like for like, but we got an old Merc instead. Insurance spent ages settling. And then... we are told it's going to court!
Boy racer's story is that I pulled out of the junction and stalled in front of him. What?!!! The boy had concocted a lie to reduce blame. And I'm pretty sure it was his dad pushing him, because his dad was very fixated on what impact it would have on the lad's insurance. And I must admit, at 18, it would no doubt be very expensive for him to be insured after an accident like that.
However, his story was a blatant lie. And his insurance company decided to challenge it in court (having listened to and no doubt believed his version of events). Cut to June 2023 - court case planned. He says he can't attend. Court date coincidentally cancelled. Jump to October 2023, and the case is eventually heard.
We had a lovely chap for our barrister - can't have been far off retirement, very laid back. Their barrister was younger, and meaner! When I was on the witness stand he repeatedly said 'I suggest that you ...' and then recited guff about where my car was and what I was doing. He tried very hard to undermine me and I repeated my position and rebuffed his 'suggestions' (for 'suggestions', read lies) very firmly. He did annoy me - I'm sorry but my sense of justice (or injustice) was surely riled.
I was travelling from Beccles to home, and it's a straight road. There was no reason for me to be coming out of the side turn. And, thankfully, I had a petrol receipt showing that I had been in Beccles just 20 minutes before the accident.
The judge listened carefully, and when boy racer got on the stand, he turned out to be a pretty good liar. But his story had a few holes in it (like, if he was going 40 mph on a clear road and I came out and stalled in front of him, why did he not take any evasive action?). There was detailed evidence from me, and not so detailed from him - the key difference being mine was true, his was a fabrication.
In the opposition's summing up, tough barrister said I was 'combative' and that my memory wasn't good (one detail is all I could not recall exactly, whether I was in netural or in gear). Our barrister did a summing up that challenged some of the other side's assertations, but was done in a gentle, rather ineffective way.
Thank goodness for evidence!
The judge summed up the whole proceedings (after a 20 minute recess) and I was hugely impressed! Her summary of the evidence, her referral to my being combative as being emphatic, and examining all the evidence deciding that my story was the more likely, meant that we won the case.
Hurrah! Truth won, justice was done. She didn't refer to the other side as 'liars', merely as remembering the incident differently. I guess that saved her having to start a contempt of court case as well.
It was not easy, it was not nice. But we bloody won!
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