Jul 212016
 

Press release from Black Triangle Campaign and Scottish Unemployed Workers Network

Dr Tony Cox was today sentenced to 150 hours community service at 0945 this morning at Dundee Sheriff Court after being convicted of threatening behaviour towards employees of MAXIMUS Inc who carry out DWP Work Capability Assessments on disabled people on behalf of the British Government.

Dr Cox will be appealing against conviction and sentence.

John McArdle of Scottish disability rights campaign Black Triangle said:

“We allege that the conviction and sentence of Dr Tony Cox is a miscarriage of justice. Tony Cox is being martyred for reaching out to vulnerable people with physical and/ or mental impairments in distress – whose fundamental human right it is to be accompanied to these notorious work capability assessments by a person of their choosing.

“Black Triangle believes that the Sheriff Court has erred in its findings, which appear on the face of it not to have been made out by the prosecution to the required standard of proof which is  “beyond a reasonable doubt” in criminal cases. In stating that the court “preferred” the heresay evidence of the Maximus employees over the corroboration of witnesses in Dr Cox’s defence, it appears to us at that the conviction is unsafe as a decision on Tony’s culpability seems to have been made on the standard of proof applicable to civil cases: “the balance of probabilities. At most, we believe a verdict of “not proven” would have been the only option available to the crown.

“We will be supporting Dr Cox in his appeal and are confident that Tony will be exonerated once the evidence has been reviewed at appeal.”

 

 

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 Posted by at 17:26

  9 Responses to “Press Release: Sentencing of Dr Tony Cox”

  1. *for clarity, there are Sheriff and Jury trial held in the Sheriff Courts

  2. One of the differences between Sheriff and Jury trials is that Sheriffs have to give a reason for their findings/verdicts – juries don’t. If you appeal a verdict in the Sheriff court the Sheriff has to prepare a Stated Case detailing the reasons for their findings/verdict. You can then Appeal to the Court of Session in Edinburgh. Your Appeal will be heard before a panel of three judges. You can also do this ‘party’ i.e you can represent yourself.

  3. Claimants have a LEGAL RIGHT to have someone accompany them to appointments. And that goes for Maximus, the Jobcentre, ‘work programme’… even to a group meeting, ‘workshop’ you have the LEGAL RIGHT to have someone accompany you. Oh, but Maximus, the Jobcentre, ‘work programme’ will just accuse you of being ‘aggressive’, call the cops, and have you thrown in the slammer. The LAW is an arse

  4. Well again we no what where dealing with a nazi government and it’s henchman

  5. i do hope that in applying the law as they have done in this manner that this is overturned, similiarly i hope that in future when wca assesors make mistakes that lead to a self-harm incident or loss of livelihood the same due process is taken to effect adn that the complaint is investigated from a legal standpoint rather than the extremely excellent standards within the wca process that still allows them to carry on practicing and that there is a subsequent review of how the decisions are made and when a death by suicide or self harm event occurs that is showing that the medical contributed and did not follow set standards then all involved face prosecution for manslaughter and suitable financial compensation to all the families concerned as after 7 years plus and similiar professional reviews they still have not quite learnt then perhaps a few assessors and decision makers having some quality time at her majesty pleasure and a excessively compensation claim will start to convince the risk takers that carry out these assessments and are tempted to take shortcuts as there insurance policy will cover them and well have extremely strong legal backing and then they get hauled of to jail will make believers out of them, one company instantly springs to mind is capita and the assessor involved who so gloriously told everyone how he did his assessments, not only should he be struck of but he should also be prosecuted for gross misconduct and negligence by all the families concerned and the same treatment should happen to capita who by all intents and purposes listening to the documentary seemed o have some idea of what was going on and should be held to account for not investigating this further

  6. In Scots law the defence do not require corroboration; the onus is on the prosecution to ‘corroborate’ their case. It would have been sufficient for the Sheriff to accept Dr Cox’s assertion, and Dr Cox’s assertion alone, that he “didn’t do it”.

    • Many thanks.

    • Where can I find details of this case? As in why Dr Cox was taken to court, under what circumstances etc. I am disgusted yet not under any illusion that the Court would listen to theMaximus employees rather than evidence from Dr Cox’s witnesses. There is a strange anomoly as in the West of Scotland it seems to be Atos who are carrying out medical assesments and certainly appear to be much more understanding of the clients medical conditions. .

      • atos may well be more understanding as they have walked away from the esa contract in england, not sure about scotland, they still have it in ireland and have the pip contract as well and probably dont want to lose that esp after what crabb had said and the fact that there is a shift in political base and of course there are no doubt other lucrative contracts that a french it company would like to grab, so bad publicity for them is not good publicity, maximus and capita well enough said there they tupied all the atos staff over and from what i have seen recently there needs to be some examples made out of the assessors and the decision makers so that all of them can start to take note, that when you do something unethical or wrong you can do the time for the decision as well, it is high time some fo these assessors who maek so many and often mistakes learn that when this happens and you ignore professional evidence and worsen a person’s condition by ignoring this evidence then let them learn the errors of there ways at her majesty pleasure

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