An occasional commentary on some aspects of criminal law in Ireland.

Tuesday 23 February 2010

War hero fantasist cleared of deception on legal technicality - Times Online

War hero fantasist cleared of deception on legal technicality - Times Online

See Below,

this was not a technicality, it was incompetence on the part of the crown prosecutor charging him under the wrong law...

War hero fantasist cleared of deception on legal technicality

A fantasist who claimed to be a decorated war veteran has had all charges against him dropped at Nuneaton Magistrates’ Court because of a legal technicality.

Roger Day, 62, was convicted of wearing 17 medals he was not entitled to at a Remembrance Day parade after veterans confronted him.

However, the Army Act 1955 under which he was convicted had been replaced by the Armed Forces Act, 11 days before the offences were committed.

Mr Day had been sentenced to 60 hours community service and ordered to pay £40 costs after he pleaded guilty last month. However Warwickshire Crown Prosecution Service admitted the error and was ordered to pay £200 legal costs.

A spokesman said: “As soon as this error was discovered, we contacted the court and Mr Day’s defence solicitors.

“Having reviewed the file and re-applied the Code for Crown Prosecutors, a decision was made to discontinue the prosecution.”

Mr Day’s wife Maxine, 38, said: “We are absolutely delighted with the result. My husband said all along that he did nothing illegal.

“Morally he might have lied but in the eyes of the law he is innocent.”

Mr Day added: “I am vindicated. I am now considering taking legal action against all those who muddied my name.”



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