Being charged in the TA

Discussion in 'Army Reserve' started by Floater201004, Apr 3, 2010.

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  1. Just thought id say hi as im a long time reader first time poster.

    I go to an infantry unit in the TA and a guy was being charged for assaulting a senior nco (i don't know what was said) . What shocked me though was the person in question didn't turn up for the charge to be made.

    I thought this was just stupid, from the rumours going around i would have thought if he explained it to the CO they may have acknowledged what happened and at the very least let him stay. Another guy i spoke to said he knew of someone doing a similar thing and then rejoining another unit entirely.

    Is that right, surely if your being court martialled it wouldnt matter whether your present or not your getting charged.


    Thanks for the replies in advance.
     
  2. What did you do and why didnt you turn up to defend the charges against you ...
     
  3. Hahahaha
    probably chinned the guvnor and told him to shove his oatmeal...
     
  4. Ask your PSI.

    (Unless it was him you chinned)
     
  5. I scratched the guys car in the car park when i opened my car door (i parked in quite a tight gap, wasnt any other spots available). When i was able to find him i took him outside to show him the damage. He was furious, i explained to him that i was sorry and it was a mistake (stupid one i know, trust me i know even more so now) but he just didnt want to know. Anything i said he just spoke over me even louder. The guy got right up at my face. He did it a couple of times and so i pushed him (quite hard) back.

    He was pissed, he wanted me to write a statement including why i "trashed" his car and for assaulting him (pushing is assault!??). Sometime in the week i was given a call not to visit the TAC and that there will be disciplinary action taken against me and that i understand that. Apparently even before i left the tac that night he was telling the RSM and CO over the phone.

    The reason why i left and didnt turn up when they told me too. I didnt believe i was going to get a fair hearing and im pretty much guilty as charged. I did push him (assault him) and i did scratch his pride and joy. I just didnt want to waste my time travelling to them just for them to tell me im sacked and never to come back again.

    I know what i have done is stupid but this guy seems to be trying to find any excuse to get pretty much anyone in the shit for the smallest of reasons. And thats why i was hoping not everything i trained for was lost and there would be some chance id be able to get back in.
     
  6. not turning up only makes things worse!

    get back in and put your side of the story forward.....only real solution!
     
  7. Contact your unit and find out what the real deal is.the days of stitched-up/bang to rights discipline should be firmly in the past
    Witnesses?Were there any?
    The SNCO was pissed?
    If charged and found guilty,do not accept OC/Co's award.The will to go to Court Martial over something like this is often surprisingly absent.

    Mention your Member of Parliament
     
  8. Had you signed in if you hadnt signed the paysheet you may not be able to be charged as you are only under military law when payed, however he could still AGAI you for it but thats just shite jobs for a bit and maybe a bit of stagging on in simple terms
     
  9. Smells like Bullshit to me.
     
  10. If it's as described then you acted reasonobly in self-defence and it's for them to prove that you didn't.

    Don't avoid the issue and go and speak to the CofC. Better still when he was in your face did you feel threatened? If you did, make a counter-allegation! If you are charged, and genuinely were acting reasonobly, take it to court martial. When speaking to the CofC mention the fact you are willing to pay for damage caused and the fact that the incident occurred as a direct result of you highlighting damage which you could easily have hidden.

    Don't let it fester-it'll only get worse. The Armed Forces Act 06 has greatly inceased the powers of the service police in certain scenarios over civvies and if it's deemed you were on duty at the time, you may fall foul of these (although for such a minor incident I doubt it!)
     
  11. I'm pretty sure your unit would be hard pushed to charge you for damaging a car whether it is in a car park or not as all vehicles parked on MoD property are only allowed to park at the owners risk, even if in a designated parking space.

    The alleged assault is another matter, was it witnessed?
     
  12. If what you've said is true, for starters you scratched/bumped his car, then informed him. No real dramas it happens.

    You pushed him, Did you do this because you felt he was threatening you? Was he pissed?

    Speak to someone within your chain of command and try to find out how its being dealt with, and if needs be find out when your going to get your chance to get yourside of the story accross.
     

  13. When they called me i asked them if this was going to involve the police since i was concerned about the assault charge and i was told that he couldnt go into any more detail other than i should understand that dispilinary procedures were going to happen and to meet on X day (police was not involved).

    There wasnt any witnessess i didnt even know whos car it was, i asked around after parade to find out who the owner was. When i found him we went out together. Everyone else was busy doing other things.

    When i said pissed i ment really infuriated.

    The TAC has my address so when the person got the repair quote i paid. To save any further aggro from a small claims court and i did feel like a muppet doing something so stupid (its happened to me).

    cofc?

    This happened 14ish months ago. It was actually someone that i had bumped into that went to the same tac and told them the story they said if i left before it went to court martial or being charged i should be fine in joining another unit. Thats when i started looking around on the net and came across this site.

    I understand this is a grey area and that i lied in my first post not exactly making a good first impression. I was just hoping not to get slated before getting any of my questions answered. For those that dont believe me, i can hardly prove to you that i am telling the truth or not telling the truth just hoping you can have an open mind to my situation.
     
  14. Is this right? I was told during my training that we are subject to Military Law whilst we are being paid (as you said) however this would include our travelling time to and from the TAC if we were reimbursed for such.
     
  15. Dont say "pissed" when you mean "angry" unless you are American.

    AIUI, pushing MIGHt be seen as assault - Northern Monkey? but threatening behaviour is also not on.

    To sum up; you scratched / trashed his car, admitted it, and the SNCO threw a fit but you've paid for the damage.

    And thats the whole story?

    I'm calling bullshit.