Angelfishsolo
A Velocipedian
- Location
- Cwmbach, South Wales
On the little info available, I'm not so quick to jump to that conclusion. The fact hes 'gone no-comment' means an arrest has been made (ok, it could be a voluntary interview - but why agree to a voluntary interview then go no-comment, you'd just decline the interview!).
If the arrest has been made and the circs given, then this can only have been dealt with an assault which means its been given a crime number. This means the standard of the investigation will have been monitored and audited.
The problem is the burden of proof needed by a court. Yes its unlikely that the driver had no knowledge of what his passengers were going to do. You know they all worked as a group. We know they all worked as a group. The driver knows they all worked as a group - however because hes allowed to say nothing, its absolutely impossible to prove what was in his head, and as a result the burden of proof for a conviction isn't reached.
If he had been the one doing the actual assault, the fact that he admitted driving, plus the complaint, plus the no-comment may then have been enough. As it is the window is open at court for him to say "I witnessed the assault, I was angry with my friends and I told them off. No I refuse to name who they are." He has a complete legal right to say this in court and theres nothing anyone can do about it.
Or he knows the law. Turned up voluntarily, gave a no comment interview and nothing else was done.