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kevinjohnsonmbe

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Everything posted by kevinjohnsonmbe

  1. Agreed, and spookily close to the hypothetical set of circumstances I'm playing with! ? As a criminal case, the burden of proving the defendant's guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt.
  2. I think not, not just on the basis that they are the landowner. It wouldn't (ordinarily) even proceed to Court without a better than reasonable expectation of success. Land owner presents evidence that he was oversees during the period in which the offence was believed to have occurred, he's not even charged let alone appearing in Court. They wouldn't even have to show that they'd been overseas, the burden of proof rests with prosecuting authority to produce sufficient evidence that the accused 'did' rather than a suspect having to provide evidence that they 'didn't.' For example, the inalienable right to silence... If the prosecuting authority cannot show that he 'did' and he says nothing, it goes no further... That's where I'm at with it, was hoping there might be a nugget of info that might take us down a different path....
  3. Similarly, where the contravention has occurred, but the culprit is unknown, I can find no detail that would support an assertion that the landowner would bear the liability for replant/restitution.
  4. Appreciate what you're saying, but... Without sufficient (any) evidence of who did the deed, nobody would have been in Court because there isn't an 'accused.' There is a requirement to have sufficient evidence to frame a charge in order to progress any further.... That's the tricky bit.
  5. Finding this a tricky one to resolve since it came up in conversation recently. Mynors is clear enough on the matters to be proved by a LA in order to secure a conviction for felling in a CA without having provided notice of intent (28.5 p809), but what might be the procedure where there is no "accused" (since nobody knows (or will say) who done it?) Can the landowner be compelled in any way to undertake the replanting / prosecution since they exercise a degree of control over the land but are not physically in a position to mount a sentry to prevent unauthorised access where 'others' may have an interest in removing trees for their own nefarious reasons? Any opinions / suggestions / pointers appreciated.
  6. Don't go reminding him that he has a good memory.... He'll go remembering that I promised to call for a yarn last week and still haven't done it!
  7. Like this POS that had me shouting at the TV last night:
  8. Is that a statement of support for Trump? Theres quite some logic contained therein so long as it’s recognised that that which has gone before cannot be changed, only that which lies ahead can be influenced.
  9. Continental Europe (and by extraction, the EU) and NATO potentially next methinks... Damn those devil Yankees for changing the course of WWII and casting an umbrella of security (which has facilitated the liberty and free speech that we all now enjoy (unless your name is Tommy Robinson of course)) over Western Europe for the past 70 years at greater expense to them than to 'us.' Take your Yankee $ and go home, Europe is full of the type of booming economies that can, and will, put their own hand in their own pocket to fund their own defence.... It is, isn't it.....?? Somebody please say yes or we're really up shite creek...
  10. Pondering the previous post over a fry up, I think this sums up how I feel about habitual Trump detractors that don't really know why they don't like him:
  11. So leaving the "cess-pool of political bias" is a bad thing....? https://edition.cnn.com/2018/06/19/politics/haley-pompeo-human-rights-bias/index.html "Today the US took a stand against some of the world's worst human rights violators by withdrawing from the United Nations Human Rights Council. By elevating and protecting human rights violators and engaging in smear campaigns against democratic nations, the UNHRC makes a mockery of itself, its members, and the mission it was founded on. For years, the UNHRC has engaged in ever more virulent anti-American, and anti-Israel invective and the days of U.S. participation are over." In no way directed at you Chessa, but this seems (to me) to very well apply to the stereotypical Trump detractor: "...You hypocrite, first take the log out of your own eye, and then you will see clearly to take the speck out of your brother’s eye..." Watch the protests and violence erupt as the US opens an embassy in Jerusalem and damn the US whilst somehow excusing the flag burning and violence of prescribed terrorist organisations... Set aside the reality of immense human rights abuses of the very countries that subscribe to the UN commission for human rights because it's more important to criticise the US for withdrawing... I could go on but I wanted somebody define what is 'bad' about Trump (in comparison to Obama or just in general) rather me saying why I think it ain't actually as bad as many folk want to convince themselves it is because then I'll be able to say, "...no it's not prejudice and conscious bias, they actually have a point there..." I'll leave that floating....
  12. I wouldn't want to disagree with you Chessa (or anybody else that overtly dislikes Trump.) He makes it very easy for lots of people to simply dislike him. What I wanted to try to understand is WHY people think he's not delivering the goods in his current role. You mention Obamacare (and that is probably the single biggest soundbite that people on this island relate to Obama as a 'good' thing that was undone by Trump.) In doing so, I think 'we' fail to recognise that it was a massively unpopular system on that side of the pond which would have been disbanded by the next Republican majority regardless if that had been Trump or otherwise - so it's an easy (could say lazy) but inappropriate way to define the difference between Trump & Obama. Your other 2 examples appear to be in direct conflict with each other.... Aren't both persecuted minorities??? Are you suggesting that a lesser degree of support for 1 minority group is bad whilst at the same time appearing to suggest that more support for a different minority is bad? I 'get' how people can dislike Trump, but I want to believe there's more to it than narrow minded prejudice and discrimination....
  13. Natural orator? Long, flowing, easy on the ear passages with no substance, no controversy, nothing to get excited about... What though? What did he achieve that was (a) “good” and (b) worse now? Detail rather than emotion....
  14. Is it misused when applied to re-growth from stub cuts then? That could become a new pet peeve! Hey @Gary, did you “get” the Mr Leaf (Camellia) link way back on dat uther tread?? Dat one cracked me up!
  15. ? Thought it was Bill Cosby.....???
  16. So, like, dats a whole ‘nother tread right dere!! ???
  17. Not sure how relevant this actually is since I bet he had the time of his life on the journey, maybe it could be a justification for working your tits off or just as easily the inevitable consequence of taking a heavy toll on your body.....? ? The destination (or maybe just a stage of the journey if Ti is reading ?) is inevitable, it’s the journey that matters....
  18. I thought it was tinned ? pears?? ?
  19. Remember commenting on the styling during the visit Ken!! Nice machine!! whoops! Wrong re-quote!! Father’s Day bubbles gone to my head!
  20. Pair of W⚓️s... The sentiment was there, if it's sugar coating you want try https://www.rowntrees.co.uk ?
  21. cnuts - every one of 'em!
  22. That's a sad state of affairs! Can't say I'd have reacted any differently than you did. How did he ID you? In hindsight, might have been better to pommel him and leg it....? (maybe that is the 'new' solution where the law seems increasingly to protect the wrong-doer rather than the victim.) Does France have an extradition treaty with Morocco? Since topping yourself wouldn't solve the problem, just as well forget that line of thought and try something else.
  23. Sentenced on Thursday last week.... I heard from the neighbour it was 24 months suspended for for 48, dis-qual from driving for 18 months and community service (can't remember if he said 100 or 200 hrs.)
  24. So.... Like..... I remember dis one fro a few years bak.... http://www.dailymail.co.uk/news/article-3140621/Man-told-demolish-1million-castle-secretly-built-hidden-hay-bales-says-t-claims-sold-it.html
  25. And, just maybe, you've encapsulated all that is wrong with the state of politics today Marcus....? More personable - could be read as "a nice bloke" (at least in public) but didn't actually achieve a busting lot other than assuaging the incessant desire of certain portions of society for self-deprecating, so-called 'equality' and diversity. Being 'nice' as a personal attribute, is pretty low on my scale of importance when considering the necessary character of a world leader. Maybe a bonus as a side dish, but the main course should be considerably more substantial. A better politician - only in so far as popular vote = office and taking the tough decisions = unpopular which in turn = no office. More persuasive - see above, re popular vote, but where is the evidence of a tangible legacy of Obama domestic and global effect? Real world of shit - see above, can any Obama 'fan' list the legacy of domestic and global effect post Obama so that we might compare with actual progress in the short period of Trump administration? No doubt Trump presents a character which is so easy to dislike, so easy to condemn, so easy to mock.... But the empirical outputs stand in testimony to his credibility in office. Even I find it easy to 'dislike' him, but I don't have to 'like' him to recognise the changes that are happening on his watch. When the population start to vote for politicians that they may dislike, but can recognise as capable, rather that the sort of X factor popularity stakes, maybe we'll start to get somewhere.... ?

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