'Big man' vs Sam Main incident (final decision: no charges for either)

[Minilad]

Be fair chaps, it took until post 711 until the inevitable happened.

I am surprised it has not come sooner to be honest.

Only a short time now until Hitller or the Nazis are mentioned.

And when that happens the thread must surely be locked !!

 

[ANorthernGuard]

Our MP's are already on to it...

http://news.bbc.co.uk/1/hi/8485784.stm

oh christ!

 

[Tav77]

It's not illegal for someone to take photos or film in public

But it is to publish it without your knowledge or consent

 

[jon0844]

It's not illegal for someone to take photos or film in public

But it is to publish it without your knowledge or consent

Really? Care to quote that bit of law?

Afterwards, you best get yourself down to the Leveson Inquiry then, as the media publish photos and videos that feature the general public every day. With a view like that, kiss goodbye to all forms of media.

Nothing on that train was private. If you don't want something appearing on the Internet or in the papers, don't do it.

 

[Tav77]

Be fair chaps, it took until post 711 until the inevitable happened.

I am surprised it has not come sooner to be honest.

Only a short time now until Hitller or the Nazis are mentioned.

Do I win a prize

 

[bnm]

Only a short time now until Hitller or the Nazis are mentioned.

Which you've just done. :roll:

Only a minor breach of Godwin's Law as you weren't making comparisons, only referencing. But I think you should still be charged.
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And we now have the Daily Mail going in for another bit of character assassination by suggesting that Sam Main is being reported for trespassing on the line.

http://www.dailymail.co.uk/news/art...train-hit-internet-video-charged-assault.html

Is it not more likely that the 'trespass' offence is in respect of his refusal to leave the train?

 

[Old Timer]

oh christ!

No worries his colleagues think he is a ****** and the word is that he will be selectively "retired" on the redrawing of the Constituency Boundaries.

There are always lots of these stories in this, the silly season, because normally there is not that much going on at this time of year.
--- old post above --- --- new post below ---

And we now have the Daily Mail going in for another bit of character assassination by suggesting that Sam Main is being reported for trespassing on the line.

http://www.dailymail.co.uk/news/art...train-hit-internet-video-charged-assault.html

Is it not more likely that the 'trespass' offence is in respect of his refusal to leave the train?

Yet another Rubicon crossed :roll: by a self-confessed Mail-hater.

Amazing how you guys always manage to find Daily Mail items that nobody else bothers with or indeed knows about.

I find this Obsession rather strange .

 

[ralphchadkirk]

It's not illegal for someone to take photos or film in public

But it is to publish it without your knowledge or consent

Rubbish.

 

[Oswyntail]

It's not illegal for someone to take photos or film in public

But it is to publish it without your knowledge or consent

IIRC (and I cannot quote chapter and verse) "general" crowd shots are fine, but you start treading on thin ice when individuals can be identified. A video such as this will fall into a grey area, because, though the individuals have not been identified, it is still a film about three individuals rather than a general shot, and it has proved easy enough to identify the individuals. Again IIRC there are exemptions covering activities such as journalism, but this film is not that. I also suspect the area is civil, so any action would have to be initiated by one of the parties.

 

[bnm]

Amazing how you guys always manage to find Daily Mail items that nobody else bothers with or indeed knows about.

Is it really amazing? I didn't go looking, just reading about this ongoing story across many forums. On one of which the DM story was linked to.

And that's strange and obsessive is it?

 

[Tomonthetrain]

Our MP's are already on to it...

http://news.bbc.co.uk/1/hi/8485784.stm

What the? Has the standard of MPs gone down?

 

[amcluesent]

A sad day for railway staff and RPIs now that no pax will ever lift a finger to help when it all kicks off. We may video the kicking/stabbing on our mobis.

 

[Tomonthetrain]

And we now have the Daily Mail going in for another bit of character assassination by suggesting that Sam Main is being reported for trespassing on the line.

http://www.dailymail.co.uk/news/art...train-hit-internet-video-charged-assault.html

Is it not more likely that the 'trespass' offence is in respect of his refusal to leave the train?

Just noticed that they are not accepting comments for "Legal Reasons". How long til Mr Main complains to the Daily Mail about trial by media?

 

[Tav77]

IIRC (and I cannot quote chapter and verse) "general" crowd shots are fine, but you start treading on thin ice when individuals can be identified. A video such as this will fall into a grey area, because, though the individuals have not been identified, it is still a film about three individuals rather than a general shot, and it has proved easy enough to identify the individuals. Again IIRC there are exemptions covering activities such as journalism, but this film is not that. I also suspect the area is civil, so any action would have to be initiated by one of the parties.

Spot On.

The Data Protection Act prohibits the recording of data that identifies an individual. A photograph qualifies and the DPA applies to CCTV monitoring, ID photos etc. However the DPA Part 1 Section 3 specifically exempts as a 'special purpose' photographs or other data recorded for journalism, or for artistic or literary purposes.

Source: photorights.org

As said above, the video quite clearly identifies the individuals and this is not allowed.

 

[jon0844]

Ever heard of citizen journalism? Not everyone needs an accredited press card to post/publish things. Think of all the blogs out there, or indeed this forum.

 

[EM2]

Do you think "big man" would have stepped in and tried to eject the lad if the lad was 6'6'',15 stone and looked as though he could handle himself??i wager the guard and the "big man" would have waited for the law to attend.

I was on a DOO service this evening, when an argument broke out between a man and a woman, because she had her bags on the seat he wanted to sit on. There were other seats available and she suggested he sat on one of those.
Now, of course, she was in the wrong, but he then proceeded to throw her bags on the floor!
Both myself and another passenger confronted him, and managed to calm the situation down, but at no point did the fact that he was bigger than me put me off doing what I felt was the right thing.

 

[michael769]

CPS guidelines say any injury less than GBH can suffice for ABH but you'd really struggle getting ABH for a graze.

CPS guidlines do not apply in Scotland.
--- old post above --- --- new post below ---

As said above, the video quite clearly identifies the individuals and this is not allowed.

Private individuals are not subject to the DPA.

------------

Police have charged a man with assault after an alleged fare-dodger was removed from a train by a passenger.

Mobile phone recordings by a passenger on board the Edinburgh to Perth train on 9 December have been viewed by almost two million people on You Tube.

It shows a man - since dubbed 'Big Man' - throwing a teenager off a train after he argued with a ticket inspector.

British Transport Police said a 35-year-old man from Stirling had been charged with assault.

The man is understood to be Alan Pollock.

http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-16288101

I can tell you one thing, if I ever see a guard needing aid against a passenger I won't be stepping in if that is the way people are rewarded for doing the right thing. The personal safety of all rail staff has been diminished tonight.

I feel ashamed to be British tonight.

 

[jon0844]

Big Man was quite away from Mr Main, so I still can't see how he was somehow bullying because he was bigger - given that he quite possibly hadn't seen him at all to have any idea what size he was.

 

[Tin Rocket]

I was on a DOO service this evening, when an argument broke out between a man and a woman, because she had her bags on the seat he wanted to sit on. There were other seats available and she suggested he sat on one of those.
Now, of course, she was in the wrong, but he then proceeded to throw her bags on the floor!
Both myself and another passenger confronted him, and managed to calm the situation down, but at no point did the fact that he was bigger than me put me off doing what I felt was the right thing.

Good for you,if big man had taken a leaf out of your book and tried to calm the situation down he might not be facing police charges and a possible criminal record right now.

 

[Minilad]

Good for you,if big man had taken a leaf out of your book and tried to calm the situation down he might not be facing police charges and a possible criminal record right now.

And if everyone does that the scrotes get away with it as usual

 

[EM2]

Good for you,if big man had taken a leaf out of your book and tried to calm the situation down he might not be facing police charges and a possible criminal record right now.

Maybe, but I also reported it to BTP and the TOC.

 

[Tin Rocket]

And if everyone does that the scrotes get away with it as usual

well if you are going to do something at least make sure there is no comeback.
--- old post above --- --- new post below ---

Maybe, but I also reported it to BTP and the TOC.

even better

 

[Minilad]

well if you are going to do something at least make sure there is no comeback.

I would be amazed that 'big man' would have expected all this when he did what he did

 

[asylumxl]

This little ****** is obviously just going to the media, and doing whatever he is told by some third party, to make it a story. He thought he was a "gangsta" and he got thrown off like the **** he is. "Alleged" fare dodger? He had a single for the wrong direction I thought? Worse things have happened on trains, I think this whole thing has been blown way out of proportion.

I think Main should be fixed so we don't have to deal with his offspring in the future if they're anything like him.

 

[Tin Rocket]

when all is said and done,if the "big man" has done nothing wrong then he has nothing to worry about.

 

[Minilad]

when all is said and done,if the "big man" has done nothing wrong then he has nothing to worry about.

And therein lies the rub. Some people think he has, some think he hasn't !

 

[Tin Rocket]

And therein lies the rub. Some people think he has, some think he hasn't !

well it looks like its in the hands of the scottish justice system now and i'm sure they will reach the correct conclusion,i just hope scotrail back the man with his legal fees.

 

[Lampshade]

when all is said and done,if the "big man" has done nothing wrong then he has nothing to worry about.

Tell that to the many people serving sentences for crimes they haven't committed.

The justice system is far from perfect.

 

[YorkshireBear]

Bet the chav gets nothing. Hope the guy who uploaded it is happy now, going back to what yorkie said in the first posts. Shame really.

 

[Tin Rocket]

Tell that to the many people serving sentences for crimes they haven't committed.

The justice system is far from perfect.

did'nt say it was but what alternative is there to the legal/justice system?