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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice.
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I'm an employee and a tenant recorded, without my consent,

Customer Question

I'm an employee and a tenant recorded, without my consent, then went to the police and have been accused of threatening him
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: In the UK, London. Took place in march
JA: Have you talked to a lawyer yet?
Customer: The company I work for is arranging a lawyer
JA: Anything else you think the lawyer should know?
Customer: What i said was in the arabic language
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: UK Law
Customer: replied 5 months ago.
The police have refused to give me a transcript and copy of the recording, as it may be used as evidence in court. They offered me to sign a community resolution order or to go to court. The tenant has been intimidating and abusive for the last 6 months and my company failed in their duty to care. Word to word translations have been made and the basis of their argument states that I have used the word 'kill'. The word was however made within a context, where I felt my dignity was being attacked, and in the arabic language is used as a defensive statement in order to uphold my dignity in the situation. The police have stated that other parts of the recording, of around 20-25 minutes, cannot be heard properly bar the supposed sentence where I threatened the tenant, showing a clear agenda and personal vendetta against myself. This is due to the fact I refused to give them a larger property, which was not within my control. I work for a housing association
Expert:  Jo C. replied 5 months ago.

Why are the police involved in this?

Customer: replied 5 months ago.
The tenant went to the police with the recording and allegedly claimed that I threatened him
Customer: replied 5 months ago.
I also had to attend an interview at the police station where I tried to explain the meaning of what I said to the police, but to no avail
Expert:  Jo C. replied 5 months ago.

What threat did you make?

Customer: replied 5 months ago.
This is a brief description of what occurred:
The police have refused to give me a transcript and copy of the recording, as it may be used as evidence in court. They offered me to sign a community resolution order or to go to court. The tenant has been intimidating and abusive for the last 6 months and my company failed in their duty to care. Word to word translations have been made and the basis of their argument states that I have used the word 'kill'. The word was however made within a context, where I felt my dignity was being attacked, and in the arabic language is used as a defensive statement in order to uphold my dignity in the situation. The police have stated that other parts of the recording, of around 20-25 minutes, cannot be heard properly bar the supposed sentence where I threatened the tenant, showing a clear agenda and personal vendetta against myself. This is due to the fact I refused to give them a larger property, which was not within my control. I work for a housing association
Expert:  Jo C. replied 5 months ago.

Did you say kill in arabic?

Customer: replied 5 months ago.
The statement was said in arabic. It translates to something along the lines of "I swear to god that my dignity is from god and I will fight all the people to preserve it." It is used as an expression of self defence when someone is cursing you and disrespecting you in a large manner. The tenant is from a similar background and fully understands the true meaning of the said phrase. The word kill/fight in such phrases has one meaning in arabic which is to highlight the gravity of his behaviour
Expert:  Jo C. replied 5 months ago.

ok. Are you asking if you will be prosecuted?

Customer: replied 5 months ago.
What are my chances if i choose to go to court?
Expert:  Jo C. replied 5 months ago.

Well, it depends. I haven't had the chance to view the evidence so it is not really possible to say.

If you made a threat using the word that you would kill them then that is a problem. If the Arabic translation changes the face of that comment then that might be helpful although you are not charged with threats to kill. Threats to kill is hard to prove because the Crown has to shown specific intent. The public order act provides a catch all though. All the Crown has to show is that a person was likely to fear immediate violence.

It is quite unlikely, I'm afraid, that anybody is going to accept that this was a defensive action unless, of course, the other person made similar statements first.

I'm very sorry but that is the reality.

Can I clarify anything for you?

Jo

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