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Courting favour
Page 36
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Appearances at public inquiries or magistrates' courts will go better if operators prepare properly says transport lawyer Ian Jones.
The main thing to remember is that everyone is always innocent until proven guilty in a magistrate's court. The prosecution has the burden of proving guilt but there is a lot you can do beforehand to make its case less open and shut.
Do not wait until the day of the Public Inquiry to fully read your calling-in letter. Is there anything that you could improve within your operation in advance of the hearing to remedy any justified criticism against you?
Make sure you get good advice. Your family solicitor may have expertly drafted grandmother's will but advocacy is like bull fighting; neither for the amateur nor fainthearted. If necessary ask the Freight Transport Association or Road Haulage Association to recommend a specialist transport solicitor.
Silence in court Although the court hearing may present a marvellous opportunity for you to give your tormentors a piece of your mind, silence is not only golden. it is seldom misquoted. You may think the law is an ass but the court may not want to hear it.
A court contains every symbol of authority a set designer could imagine ignore this at your peril. Our courts sometimes resemble casinos more than cathedrals but would you shout "this is rubbish" at the vicar if you considered his sermon a trifle controversial or too long? Oddly, the magistrates who heard this outburst from a client of mine did not agree with him. especially after he followed it up by calling the prosecutor a"slug".
The correct address to a magistrate is "Your Worship" but sir or ma'am is fine. Traffic Commissioners should also be addressed as sir or ma'am.There is a woman TC in the north-west of England who, quite properly, prefers not to be addressed as"love".
If your lawyer has advised you to give evidence, listen fully to the question before answering. Be like John Wayne talk low, talk slow and don't say too much. Look at the magistrate or TC when answering; look long enough not to appear shifty but briefly enough not to appear threatening. Confrontation is greatly frowned upon and staring at witnesses will not assist your position. However loathsome you may consider the prosecutor to be, the magistrate will accept he is doing his job.
Remember that 60% of all communication is non-verbal. The correct phrase is "seeing is believing" rather than "hearing is believing". Be assured that the elevated position of the magistrate/TC provides an astonishingly full view of all body language within the courtroom. Vigorous head shaking, rolling of the eyes and loud sighs will not cause the TC to suddenly change his mind. Are you aware of any football referee changing his mind after being poked in the chest by an incensed footballer?
Try to remain cool and neutral at all times, even if you are personally being criticised. Let your lawyer do his job. Of course, the hearing is personal to you, but remaining professional and calm could greatly improve your chances of victory. If something important arises write it on a piece of paper and hand it to your solicitor. Do not laugh, joke, eat, drink, swear, chew or answer your mobile phone when in court.Take your hat off. Remember grandmother's view that "manners maketh the mancould maximise your chances of success It is not essential to wear a suit and tie if you do not normally do so and would not feel comfortable. But do look smart. A client of mine who left a trail of bitumen from his boots did not endear himself to either the magistrate or cleaning staff. If you present yourself as smart and confident at a maintenance public inquiry this could inspire confidence in your operation.
Appeal!
lithe above tips do not work remember that you can appeal.
Anyone can become angry that's easy. But to become angry with the right person, at the right time, for the right reason and for the right length of time this is not easy and it should usually be left to your lawyer to decide when this anger should be unleashed. •