Loosing a mornings earnings...

anonymouse01

Not sure if I'm posting this in the right place, but this is a bit of a vent, and partly to see if people agree with me or not

I'm hiding my identity to make sure I don't get into trouble!!!!

My OH until recently worked at "a large high street chain shop". While there some customers (one of which he knew) asked to buy something. They said they wanted some other stuff, so OH put the item behind the counter - all normal practice.

Unfortunately the customers found a nincompoop who works there and convinced him to hand over the item, and said item was never seen again.

Now OH is having to go to Court as a witness to the theft. Never mind that he didn't see anything - all he did was put it behind the tills and walk off. He really doesn't want to go partly because he knows one of the people, also he doesn't want any trouble (he will bump in to him or his family/friends sooner rather than later), also he has a speech problem and HATES that sort of "stand up and talk in front of people" situation, he just completely looses the power of speech.

The first time he turned up at Court and after half and hour got told it had been rescheduled several days previously. No-one bothered to tell him in advance. Now he is going again, but he no longer works for the same people - his new employers, understandably, won't pay him for his time off - so he is loosing out on an entire mornings earnings.

This whole thing seems so stupid, he didn't even see anything, we can't afford to loose that much money; OH even spoke to the Police about not testifying and got told if he didn't turn up he'd be arrested.

The only good thing is that hopefully (very hopefully) this will all be over soon and we can try and put it behind us.

SaraSeahorse

he should be able to apply for loss of earnings - the court should advise

C_Ronaldo

This person who had the items put behind the till by your husband isnt much of a friend then, is there no cctv which would show the nincompoop giving the items away,

hollydays

As said,he can claim for his loss of earnings,and travel. Also often a small amount for tea and coffee,even lunch if it takes a long time.I would be very surprised if he wasn't allready sent a claim form when he received the notification of the court date-it's standard procedure.The only people who don't get expenses are the defendants (accused parties).


His evidence is pretty straightforward,it is mostly evidence of identification (presumably?).They will ask him if he can see the person who asked him to put the item behind the counter .He will point to the person in the dock opposite.He can't say they did anything illegal because he didn't witness it.
He won't have to give his address in court.He should be given a copy of his statement to have a look over before he gives his evidence.

Best advice if you really want to keep out of it,is to turn up as early as you can,before the defendant has arrived.There is usually a special room for witnesses he can sit in.I would never sit in the main waiting area with all the courts "clients"-there is no need to. Then he could either ask the cps solicitor when he arrives if he could get off asap,and as soon as he has given evidence (the cps solicitor then may ask the magistrates if the witness can be excused,they will often say yes,but it's their discretion.)Or he could just go back to the witness room and stay there for half an hour untill the case is over,and the defendants have left.

When he arrives at court,he should ask the court clerks when the case is due to appear (they will have a list) so can either say,"you are up first",or "it's last "etc.,give him some idea of how long he will be there.He should allow that he may have to be there all day,if other cases go before him take a long time.
try not to worry.For more advice,there should have been a" Witness Support "leaflet sent to him,he could ring them for reassurance re his speech problem.

Iamthesmartestmanalive

Tbh he is very lucky he is only a witness, he put something away for someone he knew who later stole the items

He's lucky the employer didnt sack him and have him investigated as party to the theft

hollydays

It is not unknown for people who are seen as easy targets to be "bullied " into doing this type of thing..

Interesting to see how they are going to plead not guilty to this case on the day?Maybe they will change to a guilty plea at the last minute and he won't have to give evidence.

anonymouse01

Thanks for the replies. All OH was given was a slip of paper telling him where and when to attend and reminding him if he didn't he'd be arrested. Witness Support were apparently meant to contact us but didn't, but we'll definately find out about claiming!

Don't think hubbie had anything to worry about over his storemanager suspecting him; he followed store policy, and only vaguely knew the person (its a fairly small place - thats not unusual) - also he had been working there ages and the manager knows/trusts him. And theres no cctv, its apparently too expensive to install?! (Hubbie's been moaning about that for years!)

pinkshoes

Iamthesmartestmanalive wrote: »

Tbh he is very lucky he is only a witness, he put something away for someone he knew who later stole the items

He's lucky the employer didnt sack him and have him investigated as party to the theft

Why? It's normal practice to put things behind a counter should a customer wish to come back later and buy it, especially if it's the last one in stock. It's just a "nice" thing that shops do!

The only ones in trouble are those who stole the items, and the muppet shop assistant who didn't ask them for the receipt, or check they'd been paid for!

Iamthesmartestmanalive

pinkshoes wrote: »

Why? It's normal practice to put things behind a counter should a customer wish to come back later and buy it, especially if it's the last one in stock. It's just a "nice" thing that shops do!

The only ones in trouble are those who stole the items, and the muppet shop assistant who didn't ask them for the receipt, or check they'd been paid for!

Actually I have found in the 2 I worked for it isnt - big national retailers like comet.


There policy was items would not be kept unless formally ordered and often paid for in advance or details of payment left, why? Because many people would reserve it and then never come back and they didnt have time or room for this

1 of them even had a dedicated reservations department and no one else was allowed to do it

If it was me I would count myself lucky not to be on the other end of the court room here as an accessory to the theft

Rex_Mundi

I'm sorry to put you right, but it is losing, not loosing.

You may think I'm a picky person, but it is one of my bugbears to see such bad spelling. This is one of those simple words that people keep getting wrong here.

trisontana

Rex_Mundi wrote: »

I'm sorry to put you right, but it it losing, not loosing.

You may think I'm a picky person, but it is one of my bugbears to see such bad spelling. This is one of those simple words that people keep getting wrong here.

Yes, that good advise (sic)