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
57.3
Should further people (for example, members of the public) have entered the Race Track, either to assist the stewards and the Police, or in support of the Respondent then the danger to life would have been greater. PC Hodgkinson has described that the Respondent's actions created a serious risk to the horses, the jockeys, himself and other colleagues working at the event who had to enter the live Race Track. He also describes that he was in genuine fear for his safety and was scared that he was going to be seriously injured, see page 195 of NT2. PC Hodgkinson has described that the Respondent’s actions created a serious risk to PC Stevens has stated that she does not believe that the Respondent had any concern for his own safety, the safety of the horses and jockeys, or the safety of those who were trying to remove him off the Racecourse. PC Stevens was concerned for the safety of the individuals who were dealing with the Respondent and the high risk situation that the Respondent had created, see page 191 of NT2. The Respondent's actions speak for themselves. They were undoubtedly dangerous. As is set out above, the Respondent had previously entered the track at the Grand National at Aintree. He therefore must have known of the dangers of doing so at the Epsom Derby. The Respondent’s actions speak for themselves. They were undoubtedly dangerous.
57.4
57.5
58.
Additional requirements of CPR 81.4 (2) not already addressed
59.
I confirm the following, which are the outstanding requirements of CPR 81.4 (2) that have not already been addressed in this affidavit: I confirm the following, which are the outstanding requirements of CPR 81.4 (2) that
59.1
The Respondent has the right to be legally represented in the contempt proceedings;
59.2
The Respondent is entitled to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test; and to apply for legal aid which may be available without any means test;
59.3
The Respondent may be entitled to the services of an interpreter;
59.4
The Respondent is entitled to a reasonable time to prepare for the hearing;
59.5
The Respondent is entitled but not obliged to give written and oral evidence in their defence;
59.6
The Respondent has the right to remain silent and to decline to answer any question the answer to which may incriminate the Respondent; the answer to which may incriminate the Respondent;
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