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Right to silence

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nodig:
Sorry to wake everyone up but I would like some opinions on this hypothetical situation.  Plot holder A accuses plot holder B of some rule breaking activity, because he has a grudge against him.  Let's assume A is well connected to the committee whereas B isn't.  The committee puts the 'charge' to the accused (B) for him to present his defence.  The only evidence against B is A's testimony.  Now if B denies A's version, he is in fact calling A a liar and risks being found guilty anyway as they will probably back their friend anyway.  Another option is for B to not make any defence and leave the management to prove his guilt.  Without any evidence other than A's testimony do you think a committee should ever find someone guilty and possibly evict?  Anyone interested enough please make a comment.

Bill Door:
Any one can "put a charge" as you say to anyone.  It isn't the "charge" that has to be tested it is the evidence that backs up that charge that needs to be tested.  So if the committee tells B that he has been "picking his nose" on the allotment contrary to the constitution.  Then evidence would have to be provided as to When (day/hour/minute); how (right nostril/left index finger); where (specific being next to the shed on his plot); who (if anyone was there); was he told at the time it was against the constitution(if not why not), what was A doing at the time?

Yes I know that it isn't a great example but it does demonstrate the point.  B can then go away and prove that any one of those "facts" is impossible to the satisfaction of the committee he doesn't have to call A a liar. But that he has his facts wrong.  If he gets two or more facts proven as impossible then he has no problem as he can then claim that he feels as if A has been harassing him and that he hopes that the committee record that unfounded allegations have been made and that they will consider taking actions if this continues.

Bill

This is hypothetical of course so B could also just ignore it all and wait until facts are presented.

Beersmith:
I count myself fortunate that my field committee are sensible, hard working and do the things by the book. While they are friends and get on well, they are certainly not a clique. They would take a complaint seriously, as they should, but they would not assume the complaint proven without evidence.

As for your hypothetical case, avoid making any accusations or personal attacks. A clear and strong rejection of any wrongdoing should suffice. Also make clear that unfounded allegations are, in themselves, a serious issue.  Then, with luck, your committee will behave like intelligent adults, and judge the issue strictly on the evidence.

nodig:
Bill Door - did you know it is almost impossible to prove you didn't do something? If I had accused you of putting a caterpillar on your neighbours cabbages last summer, how would you prove you didn't? - assume you were down the allotment on the same day as me.

Beersmith - can't see how simply saying I didn't do it loudly would do the trick.

Bill Door:
Ah!  I like it when some one says it is almost impossible, so it can be done then?  You might not be able to prove that you didn't put caterpillars on the cabbage on that day.  However, you might be able to prove that there were caterpillars on the cabbage the day before or even the day before that.  Stop being so negative.  Don't waste time on trying to prove the hard bits tackle the easy bits first.  remember "Who, what, why, where, how and when".

Just remember you have two eyes and two ears but only one mouth. That doesn't mean you have to talk twice as much only that you have to gather more information before you speak.  So when anyone says anything be prepared to say nothing for at least 10 seconds and look attentive.  They will fill the silence with more information.  You do not have to respond and they will either walk away or give more information.  If you can record the one sided conversation (you probably have a smart phone) but don't engage in conversation, they might say something "nasty" which could be used against them.  If they choose to put it in writing then don't comment on what they say ask for more information.

You know you are innocent  so it is up to them to prove it.

Bill

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