Sunday, April 30, 2023

FIXING CRIME - post script

 I had intended writing only three posts on the subject of fixing crime, but last night as I got into my car at the airport and tuning the radio to BBC I got the tail end of a story whereby it seems that some women in Europe have filed a claim in court against certain European politicians for failing to take appropriate action on Climate Change. I apologize for my own scanty report on this, but I didn't hear the BBC report properly. But it got me to thinking: what if some persons sued the Prime Minister, the Minister of National Security and the Commissioner of Police personally for failing to do their jobs and keeping the country safe?

If you take your car for a check up to the mechanic and he does (or doesn't do) something that he should or shouldn't have done and this failure on his part was his fault and damage to your car was the end result, your mechanic would ne liable to you for the damage that you have incurred. If as a lawyer I give you bad advice or I was negligent in failing to file a document on time or something else, I would be liable to you.

In other words, when somebody fails to do his/her job properly and damage results from that failure, in the normal course of things the person responsible would have to pay for the resulting damage.

So? The Prime Minister is the head of the National Security Council which is the ultimate authority for the security of the Republic. He appoints the Minister of National Security who also has responsibilities in matters of this regard. And the Commissioner of Police also has responsibilities.

So? These people are allowed to pontificate month after month saying in effect that they are not responsible for dealing with the terrible scourge of crime. But if they are not responsible, where then does the buck stop? Who is ultimately responsible? In law if I fail to do something that I am responsible for and you suffer damage, then you can sue me! Perhaps a law suit against those office holders in their personal capacity making them personally liable for the damage that you have suffered might just wake them up and we might get somewhere.

And, no,  I am not offering myself to do this case, and neither can I be involved in it in any way (though I can still cheer it on from the sidelines). That would be touting and the rules of my profession strictly forbid me from touting. But if you or anybody you know has suffered damage as a result of this scourge then perhaps you should encourage them to go and see their lawyer and pursue it vigorously. Surely somebody is responsible and should be made to pay? In any case, you better believe that if I am right on this point that you would see some action very quickly! Nothing motivates an office holder like money, especially if it will cost him/her personally!

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