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Religion and Assumptions taken to The Court Of Appeal by Manchester Advocate (360 words) |
email: Max Saffman http://www.olliers.com
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Contact Person:: Max Saffman
PR355 Release Tel:: 0161 834 1515 /07733 012347
Date added: 18.7.2010
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Press Release Overview:
Max Saffman ,Advocate and Partner at criminal law specialists Olliers Solicitors, Castlefield Chambers, Manchester has successfully appealed his client’s case regarding a confiscation order in the sum of £5,500 at The Court of Appeal on Friday 9th July.
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Body Text:
During the course of the original hearing the Judge at Manchester Crown Court queried why an Asian defendant was not willing to swear an oath on the Koran but preferred to ‘affirm’ his evidence. The Judge felt perplexed as to why an Asian defendant would not feel bound by the Koran. He expressed an objective belief that ‘affirmed’ evidence given by a defendant may be not as compelling as sworn evidence.
Mr Saffman felt that the case raised a key issue as to the role given to religious orientation in today's legal system. The question is whether a person’s conscience is more bound by having sworn on a holy book, or is it enough that the public have a widely accepted duty to society to be truthful in a court? In this case for example the defendant although Muslim did not wish to swear on The Koran. This could also be true of a Christian who did not wish to swear on a Bible. The defendant was however fully aware of his obligations and responsibilities in ‘affirming’ his evidence.
The Court of Appeal Judges, whilst stressing that there was no evidence of actual bias or impartiality on the part of the Judge in the confiscation case, did accept that the ‘perception of bias’ was present. Since the original judgment had initially found against the Defendant on each of the issues raised, the confiscation order was subsequently quashed.
Notes To Editors
Max Saffman is a 41 year old Solicitor Advocate and partner at Olliers Solicitors the Criminal law specialists based at Castlefield Chambers, Duke Street, Manchester. He joined the practice in April 2008 from JMW Solicitors where he was also a partner.
He began practicing law in 1994
For further information or for images please contact
Max Saffman
Olliers Solicitors
Castlefield Chambers
11 Duke Street,
Manchester
M3 4NF.
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