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this post was submitted on 12 Jul 2024
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Sorry I thought I was making it clear that the dismissal was due to the negligence of the police, but even if it had gone to trial it was still an uphill battle to claim his responsibility as producer. If the armorer could be proven to have been a bad hire it could have fallen on him, maybe, but if the production could prove that they took reasonable steps to see if she was qualified but were sadly mistaken that would make it hard to prove negligence.
Personally I would rather it had gone to trial and given the full chance under the law to prove innocence or guilt, dismissal with prejudice is not the same thing as a finding of not guilty even if the result is the same.
It’s interesting seeing the law differences, in Canada this would be considered criminal and anyone up to the owner can be held accountable. I think it’s only been used and upheld a few times though.
Westray bill c45
Edit, looks like it’s been used more since I checked last.