QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Strand, London, WC2A 2LL |
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B e f o r e :
(SITTING AS A DEPUTY HIGH COURT JUDGE)
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The Queen on the application of Charles Bates |
Claimant |
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- and - |
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District Judge Zani (Independent Adjudicator) |
Defendant |
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Secretary of State for Justice |
Interested Party |
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The Defendant was not represented
Charles Banner (instructed by The Treasury Solicitor) for the Interested Party
Hearing date: 29 November 2011
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Crown Copyright ©
Stephen Males QC:
Introduction
The facts
"On the 19th/3/2010 a mobile phone was found in my cell and me and my cellmate Charlie Bate were put on report for the offence. I would like to take full responsibility for the unauthorised article as Mr. Bates had no knowledge of it being in the cell. I placed it in his play station without him knowing and would like to take this opportunity to own up to the offence as it had nothing to do with Mr. Bates. Thank you for taking the time to read this letter."
"Albeit Mr. Robinson, in that statement, purported to accept responsibility for the telephone, he did not explain why he had pleaded 'Not Guilty' when he and Mr. Bates appeared in front of the Prison Governor at the initial hearing, nor -- so far as I recollect -- did he say why he chose to place the telephone in the playstation which belonged to Mr. Bates. The said telephone was found by the prison officer in the said playstation accepted as belonging to Mr. Bates. The solicitors, at the conclusion of the evidence, made submissions on Mr. Bates' behalf. I found the case proved beyond reasonable doubt having considered all the evidence. Put shortly I did not find Mr. Bates nor the evidence placed before me i.e. the statement of Mr. Robinson to be credible."
The grounds of challenge
The legal framework
Holding the hearing after the release of Mr. Robinson
Rejection of Mr. Robinson's evidence
Far better places to conceal a mobile phone
Delay
Conclusion