Gross Misconduct went to crown court and there was no proof

[mpalmer123]

Hi,
I was accused of Gross Misconduct by a financial institution over a number of years ago that went to crown court. There was no evidence and case was dropped but how can I put a financial figure on 4 years of distress\depression(on medication) caused by the whole scenario?

I cannot afford professional help through any financial avenues and the Citizen Advise Bureau says a tribunal has insufficient powers so with the help of a friend we are going through the county courts.

I have looked through various website but relating to my case I cannot find any information relating to a financial cost in compensation.

I will be grateful for any information received,

MarkP.

[Anthony72]

Re: Gross Misconduct went to crown court and there was no proof

Hi
So if I have this right
You were sacked for gross misconduct and at a later date arrested by the police and charged. Before it actually got to Crown Court the case was dropped?

The problem you have is the different burdens of proof required and also the rules of the CPS
For court there has to a prospect of winning and in the public interest, the proof must be beyond reasonable doubt

To be dismissed it is on a balance of probabilities that you did it.

So it is quite possible to be dismissed for something and there to be insufficient evidence to get a conviction

I think more details would be needed if you are willing to share

[mpalmer123]

Re: Gross Misconduct went to crown court and there was no proof

Thanks for your reply.

To be exact this went to court and after two days the Judge told the jury to say 'Not Guilty' as there was not even any evidence the monies were even missing.

I was accused of taking monies from an account and the initial charge was then lessened\changed twice before the court case 4 years later.
A professional auditor proved the monies were not in any of my accounts and the bank's investigator eventually said 'it was their assumption' I took the monies.

Throughout the 4 years a member of the police at the start said they could not understand why this case was proceeding.
Time was extended a good number of times for the banks to find evidence.
Another judge said there was no evidence but gave the bank 6mths to find something.

Hope this helps,

Hi
So if I have this right
You were sacked for gross misconduct and at a later date arrested by the police and charged. Before it actually got to Crown Court the case was dropped?

The problem you have is the different burdens of proof required and also the rules of the CPS
For court there has to a prospect of winning and in the public interest, the proof must be beyond reasonable doubt

To be dismissed it is on a balance of probabilities that you did it.

So it is quite possible to be dismissed for something and there to be insufficient evidence to get a conviction

I think more details would be needed if you are willing to share

[Anthony72]

Re: Gross Misconduct went to crown court and there was no proof

Hi
As no legal expert my views are just that, mine.
A lot will now depend on how long you worked for the bank and if they followed disciplinary procedures but that would be for unfair dismissal. I have seen a discussion on here somewhere about damages for malicious prosecution , i think the people talking about it were openlaw15 and someone else, maybe you could find it and ask them.

I warn you now, Openlaw15 gets a bit technical so you will need a strong head for the finer points

- - - Updated - - -

http://legalbeagles.info/forums/show...ht=prosecution

That is where it is being discussed

[Openlaw15]

Re: Gross Misconduct went to crown court and there was no proof

Hi,
I was accused of Gross Misconduct by a financial institution over a number of years ago that went to crown court. There was no evidence and case was dropped but how can I put a financial figure on 4 years of distress\depression(on medication) caused by the whole scenario?

I cannot afford professional help through any financial avenues and the Citizen Advise Bureau says a tribunal has insufficient powers so with the help of a friend we are going through the county courts.

I have looked through various website but relating to my case I cannot find any information relating to a financial cost in compensation.

I will be grateful for any information received,

MarkP.

Damages for a malicious prosecution (in the criminal proceedings' type), is a possible tort. If you're talking about a figure below £25,000, it should be done in the County Court. The tribunal however can award some torts, ie injury to feelings and quite possibly a tribunal could award damages for psyche injuries. As for civil evidence, well that speaks for itself as for 4 years you lost your life - ie your personality was transformed through all the strain. In tort cases, it's the damages' head X the number years the loss occurs. So, think about the harm it has caused you for one year, then X that by 4 years, as a starting point rather than pluck a figure out of the air. Were your hobbies affected for instance, what about your family relationships?