Another option re BT and Phorm
Richard Lamont
ukcrypto at chiark.greenend.org.uk
Fri, 26 Sep 2008 16:31:37 +0100
Alexander Hanff wrote:
> The other option is a private criminal case through the courts. The
> police made me aware some time ago that individuals can prosecute a
> criminal case independent of the CPS.
>
> Obviously the costs for this would be substantial and would require
> significant fund raising; but I really don't see how BT have a leg to
> stand on and provided we have good, strong and experienced counsel we
> should win (perhaps I am being a little naive in my faith of the
> judicial system but I have to believe that common sense will prevail at
> court and BT will be found guilty).
Am I right in thinking that counsel for a private prosecutor would have
to prove the charge(s) to the satisfaction of a jury beyond reasonable
doubt? If so, what if any power does a private prosecutor have, beyond
that available to an ordinary citizen, to investigate the alleged
offence? If none, evidence may be as hard to obtain as money.
--
Richard Lamont http://www.lamont.me.uk/
<richard@lamont.me.uk>
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