Another option re BT and Phorm

[Alexander Hanff]

Richard Lamont wrote:
> 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.
> 
> 
We have the BT Internal report on the 2006 trials, I would hope that
would be incriminating enough in itself as to me it clearly illustrates
criminal activities.

But your question is a good one, I would assume that the normal rules
should apply with regards to evidence gathering regardless of whether it
is the CPS or a private prosecution.

I am sure someone will be along shortly to clarify.

Alexander Hanff