Filed on behalf of the Claimant / Applicant First Affidavit of N Truesdale Sworn before: Edward Gardiner Affidavit No. 1 Date Sworn: 1August 2023 Exhibits: NT2 NT3 Affidavit No. 1
The Respondent's subsequent charge, refusal of application for bail and guilty plea The Respondent’s subsequent charge, refusal of application for bail and guilty plea
49. 49.
The Respondent was arrested immediately after being apprehended by the Police. He was subsequently interviewed, charged, and remanded to prison. His charge sheet (MG04) enclosed at pages 196-197 of NT2 states the Respondent's charge: "(1) Intentionally/recklessly cause a public nuisance 2023/06/03 -- on 03/06/2023 at Epsom in the county of surrey, without reasonable excuse, did an act, namely entered a horse racing track intending to cause disruption to the racing programme, and that created a risk or caused serious harm by serious annoyance to the public or a section of the public intending or being reckless that it would have such a consequence. 'Contrary to section 78(1) and (4) of the Police, Crime, Sentencing and Courts Act 2022.' At his initial hearing in front of magistrates at Guildford Magistrates Court on 5 June 2023 the Respondent requested a Crown Court trial and indicated an intention to plead not guilty. He was refused bail and remanded to prison. At his initial hearing in front of magistrates at Guildford Magistrates Court on 5 June On 7 July 2023 the Respondent indicated a guilty plea and was given a sentence including 18 weeks imprisonment (suspended for 2 years), 80 hours of unpaid work, and a costs order of £1,356. (MG04) enclosed at pages 196-197 of NT2 states the Respondent’s charge: “ (1) Intentionally / recklessly cause a public nuisance 2023/06/03 -- on 03/06/2023 at of the public intending or being reckless that it would have such a consequence. 2022.' ”
49.1
49.2
50.
51.
The Respondent's actions constituted a breach of the Order The Respondent’s actions constituted a breach of the Order
The Respondent as party to the Order
52.
The Order binds 7 categories of 'persons unknown' defendants. Anyone who comes within one or more of these categories is bound by the terms of the Order and must not breach it. The Order binds 7 categories of ‘ persons unknown’ defendants. Anyone who comes not breach it.
53.
By entering the Race Track, the Respondent fell within the definition of the Second, and Sixth Defendants being:
53.1
"Persons unknown entering the area described below as the "Race Track" on the day of a "Racing Fixture" except at "Crossing Points" and with "Authorisation", as described below"; and “ Persons unknown entering the area described below as the “Race Track” on the day of a “Racing Fixture” except at “Crossing Points” and with “Authorisation”, as described below ” ; and
"Persons unknown intentionally obstructing the "Horse Races", as described below." “ Persons unknown intentionally obstructing the “Horse Races”, as described below .”
53.2
54. 54.
I understand from the Claimant's solicitors that the Respondent is already a party to the proceedings (albeit not yet identified by name), as he is a member of the categories of persons identified as the Second or Sixth Defendants. In the interests of I understand from the Claimant’s solicitors that the Respondent is already a party to
16
13
Made with FlippingBook interactive PDF creator