ELEMENTS

I married into a family who all seemed to suffer from the same flaw---basic stupidity.
But that is in my past and I am well out of it.
Well, I have been divorced for some years but I still get phone calls from various members of the family looking for some sort of assistance with their problems.
It was egotistical of me to think that I am smarter or more logical than them but they keep feeding my ego by phoning me.

My ex sister in law phoned me to see if I could do anything to help her husband (my ex wife's brother). He had been arrested and charged with larceny (stealing) and with a previous indiscretion, had been told by his lawyer that he would probably go to gaol.
OK, I do not have a law degree but have worked in the law all of my life---I do know a fair bit about the laws of my state.
I really didn't want to get involved but I always liked my ex sister in law and they do have a young family----so I told her to get my ex brother in law to phone me.

Of course, straight away, he thought I could use some sort of favour or leverage to get him out of his predicament----told you that they weren't too bright.
His story was that he had taken two shock absorbers from a car on the side of the road and had been caught by a police patrol staking out the car.
OK, that's all pretty simple---he did it---he's guilty---and that's what he thought and that's what his lawyer thought----simple, she is a public defender--free lawyer--and she will help him explain his circumstances to the court and try for the best sentence.
So G, tell me about this car---was this the first time you had seen it---did you have tools with you or did you break the pieces off it ?
"No Clyde, the car was almost a shell---been dumped on it's roof on the side of the road---I had ridden past it for four days going to and from work and only stopped to look on the fourth day---went home, got tools, went back and got the shockers---the cops came from nowhere and grabbed me."
OK, so what did the cops tell you---"They told me it was a stolen car and that I was stealing from it and I was going to be charged---and I wasn't the first one that they had caught."
So G, you saw the car there for four days, who did you think had dumped it there--
"Clyde, I thought the owner had stripped it and dumped it---all of the ID plates were gone so no one could trace the owner"
OK, so when are you due in court---"Tomorrow"
Alright, I will see you there.

I met G at the court and wanted to see his lawyer----she was in the courtroom representing another six people ---she would see him just before his case was called on----G, this is the first time you have been to court on this---"No, I've been twice before, pleaded guilty and I am getting sentenced today"---Shit G, you could have told me that before--I can see this all going wrong but wait here, I'll be back and don't go into court without me.
Knowing a few people in the court office, I got access to a computer, looked up a form, filled it in and printed it off, went back to G and got him to sign it---typical, he signed it and then asked what it was for.
Well G, you are going to sack your lawyer and you are going to seek the leave of the court to have me as a McKenzie Friend---an unqualified friend to speak on your behalf----G is dumb and very trusting, so he decided to go with the flow but sacked why sack the lawyer----well mate, I can't trust her to do what I need her to do--and by the way, you are not guilty of any offence in this case.
The lawyer, being very busy in court or not really caring, did not come outside to speak to G before his matter was called on for hearing----I had to urge him to talk to the Magistrate and to hand up his signed McKenzie Friend notice----the Magistrate was not impressed, asked G if he understood what he was doing and released to lawyer from the case.

The Magistrate was less impressed when I made an application to withdraw the guilty plea and plead not guilty----he insisted that any change of circumstances and admissible facts be presented to the Court before he would even think about allowing a change of plea.

Well your honor, the elements of the offence of larceny include that the offender knew that he had no right to take the goods, that he took the goods without permission of the owner, that he meant to permanently deprive the owner of the goods, and that the offender knew that the goods were owned by another person-----the problem with this case is that the car was dumped on the side of the road, had been there for four days and that my friend thought that the owner had dumped it there and relinquished all rights to it---he thought that the goods had no owner---so you cannot knowingly steal something which you believe does not have an owner or that the owner has relinquished all rights of ownership..

The magistrate allowed the change of plea and set the matter down for a trial.

Two weeks later my G received a letter from the prosecutions branch that the matter had been withdrawn and that the matter would be dismissed in court on the trial date.
Just to make sure that there were no loose ends, we had the matter called on in court later that week and it was dismissed.

I knew what my result would be---within a week, my ex in laws didn't want to know me again----but of course, they will call when they need me---and I can decide if I should help----I'm getting less inclined.
The one thing I didn't tell G or any of his family was that we could have applied for costs against the prosecution and got his four days of lost wages paid---but just for completeness, I did tell the prosecutor -----he roared with laughter and he did tell the public defender lawyer, who actually learned a lesson on the law.