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Ron.M -> RE: gigin (May 2 2004 10:19:06)
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Yeah Mike,
But often these cases, especially where physical injury is involved due to negligence, criminal charges are often associated with the incident.
This mainly applies to individuals rather than Corporations, so in effect we have a two-tier legal system here.
For instance, a while ago a guy here dozed off while driving, due to staying up half the night talking to his girlfriend on the phone. His car went off the road and down an embankment onto a railway track.
He got out unhurt, but a minute later a train hit it and was derailed into the path of a train coming in the other direction. The result was a horrific crash with loss of lives and many injuries. The guy wasn't found to be drunk or on drugs or anything, but was jailed for 5 years (I think) anyway, for driving while not fit to do so.
In this country you cannot accidentally cause harm to others through your own negligence.
On the other hand, there was a horrific rail crash down Simon's way, again with a lot of injuries and lives lost. The popular consensus is that it was due to cost cutting negligence on behalf of the private maintenance company. But it's a huge company with lots of top lawyers and the resources to fight the case. They have not been prosecuted, but have actually recently been awarded a huge new contract to maintain more of the rail network.
I believe they have now agreed to offer some monetary compensation to the relatives of the dead and injured as a "goodwill" gesture, but still refuse liability.
The advantage that a big company has are the financial resources to drag a case out by lodging appeal after appeal, so that even if they are found negligent and have to pay compensation, nobody ever sees any money since the issue is always under appeal.
This can go on for decades until the relatives give up, run out of money or die of old age.
Jeez, even when the criminal law has been blatantly violated, it takes almost moving mountains to get any kind of result when these big companies are concerned.
How many folk have been jailed over Enron?
Although I don't follow the case, I heard that Martha Stewart is demanding a retrial.
There are not very many multi-millionaires in British jails, nor would I expect in the USA!
(End of Rant LOL!)
cheers
Ron
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