Hounding of a first-class hero: The banker who threw a foul-mouthed student off a train could end up in court | Mail Online
More on 'Big Man' the incident. Now the smell of cash has wafted about ! The big guy is a merchant banker and the little guy is a 'poor student!' Piggy in the middle will be Scotrail. Cash cash cash!!! This student has 'fell' into a nice little earner and his father is going to milk it for as much as possible, just watch!
A member of the public has no right to intervene, unless the passenger assaults the staff, in which case aiding the staff is an option and reasonable force comes into play. The elderly ticket guy has no right to touch anyone, never mind throw them off. He must ask them to leave the train, ONLY. Anything else is common law assault, no matter, whether the passenger is standing up urinating over the seats, or whatever!!!!.His only recourse, should the passenger fail to move, is to hold the train and contact the Railway Children as the Transport Police are known.They will then arrive,eventually, and make a meal of interviewing everybody, in a nice overtime earner!!! The ordinary Police are not allowed onto Railway property, except at the invitation of the Railway children, to aid and assist them. If there are no railway police available, they can do so, after permission is granted. It always is granted but it is not a carte blanche situation. It is rather complicated and an extremely grey area.
There will be a Court case, no doubt about it. every agency will want rid of this poison chalice. Incidents like this have happened for years but as it has appeared on Utube and created a furore a definitive ruling will be required. It is going to end up being a silly American style Sue, Grabbit and Run event. Just watch lawyers appearing and offering to work on a pro bono basis. They can then generate huge fees from getting the case postponed and carried forward and on it will go. What about the Unions? The ticket guy is now on gardening leave,where are his supporters, his union??
This is what will happen.
There will be a court case. The big guy will be charged with common assault and found guilty. He hasn't a leg to stand on, does he? He grabbed and manhandled the student, then ejected him. He will be given a fine or possible a suspended sentence of 2 years. That is his career finished.This will open the flood gates.
Scotrail can then be sued. The big guy can then be sued and the ticket guy can be sued. Why the ticket guy?
Well he did not carry out his job, 'by the book.' He should not have condoned the assault by saying nothing. He should have said to the big guy, thank you Sir, things are fine, please retain your seat. By not doing so, he ceases to be an employee and becomes a private person. He might even be charged too!!!
It all moves from Criminal Law into the realm of Civil Law. Money money money!!!
More on 'Big Man' the incident. Now the smell of cash has wafted about ! The big guy is a merchant banker and the little guy is a 'poor student!' Piggy in the middle will be Scotrail. Cash cash cash!!! This student has 'fell' into a nice little earner and his father is going to milk it for as much as possible, just watch!
A member of the public has no right to intervene, unless the passenger assaults the staff, in which case aiding the staff is an option and reasonable force comes into play. The elderly ticket guy has no right to touch anyone, never mind throw them off. He must ask them to leave the train, ONLY. Anything else is common law assault, no matter, whether the passenger is standing up urinating over the seats, or whatever!!!!.His only recourse, should the passenger fail to move, is to hold the train and contact the Railway Children as the Transport Police are known.They will then arrive,eventually, and make a meal of interviewing everybody, in a nice overtime earner!!! The ordinary Police are not allowed onto Railway property, except at the invitation of the Railway children, to aid and assist them. If there are no railway police available, they can do so, after permission is granted. It always is granted but it is not a carte blanche situation. It is rather complicated and an extremely grey area.
There will be a Court case, no doubt about it. every agency will want rid of this poison chalice. Incidents like this have happened for years but as it has appeared on Utube and created a furore a definitive ruling will be required. It is going to end up being a silly American style Sue, Grabbit and Run event. Just watch lawyers appearing and offering to work on a pro bono basis. They can then generate huge fees from getting the case postponed and carried forward and on it will go. What about the Unions? The ticket guy is now on gardening leave,where are his supporters, his union??
This is what will happen.
There will be a court case. The big guy will be charged with common assault and found guilty. He hasn't a leg to stand on, does he? He grabbed and manhandled the student, then ejected him. He will be given a fine or possible a suspended sentence of 2 years. That is his career finished.This will open the flood gates.
Scotrail can then be sued. The big guy can then be sued and the ticket guy can be sued. Why the ticket guy?
Well he did not carry out his job, 'by the book.' He should not have condoned the assault by saying nothing. He should have said to the big guy, thank you Sir, things are fine, please retain your seat. By not doing so, he ceases to be an employee and becomes a private person. He might even be charged too!!!
It all moves from Criminal Law into the realm of Civil Law. Money money money!!!
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