The detective delivered his brief of evidence last week.
I honestly expected he would have an ace up his sleeve - some twist that I knew nothing about - which would justify his persistence. I was surprised he didn't. Instead, what the brief of evidence revealed was a home goal of incredible magnitude.
The detective included an email between himself and Google, indicating he has Google's access logs for my gmail account. He didn't include those access logs, and the letter he has from our ISP that includes information about our IP address.
Including it would have been fatal for his case because the IP addresses between Google's access logs and our ISP account do not match. Leaving it out though is worse.
Omitting evidence that shows my innocence demonstrates the detective is pursuing the case for reasons other than a genuine belief of my guilt.
Proving malicious prosecution requires five criteria.
Proving "no reasonable cause for the prosecution" requires showing the police had insufficient evidence to prosecute - and this brief of evidence proves that.
Proving "evidence of malice on the part of the prosecutor" is provided by the detective omitting evidence favourable to the defence.
Now, the only criteria I need in order to sue him for malicious prosecution is the second: "termination of the prosecution proceedings in the plaintiff's favour". This could be either being found non-guilty in court, or the police dropping the charges.
Now the police are in the enviable position where the only way to avoid a malicious prosecution suit is to win the case. And their evidence wont allow them to do that. If they lose, they are sunk. If they drop the case, they're equally sunk.
Being me, I am torn between trying to make a peace deal with them instead of going for total victory. I want to go to one of the reasonable police I know and say "Save your department from a law suit, by helping negotiate a peace deal between the detective and me?" After all, this is me condemning myself to a drawn-out legal battle against my father's employer.
But I spoke to mum the other night, and she said Dad would want incompetence driven out. And haven't I given them enough chances? Several offers to the detective to give him what he wanted if he left me alone; a police complaint that was treated with contempt? Surely I've done enough against someone who's been relentlessly pursuing me without just cause? Maybe the time has come I should let the bloodthirsty side of my personality out for a while?
But I spoke to mum the other night, and she said Dad would want incompetence driven out. And haven't I given them enough chances? Several offers to the detective to give him what he wanted if he left me alone; a police complaint that was treated with contempt? Surely I've done enough against someone who's been relentlessly pursuing me without just cause? Maybe the time has come I should let the bloodthirsty side of my personality out for a while?
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