Paddling on the Dee is NOT a Crime

by **Voodoo** on Mon Jul 28, 2008 6:44 pm

Firstly a few hellos... Hi Sally....

I was due to go to Wrexham Police station tonight to answer bail... however the Police officer that was dealing with my case rang me at home and informed me that....

The CPS has decided not to bring any charges against me based on the FACT that no one owns the water, therefore I was not committing any crime by getting on the water or passing through the river

Further, since I had conducted myself in a polite and courteous manner when payment was asked of me, I once again didn't commit any crime that would see me get prosecuted now or in the future

As far as the police are concerned there is no longer a case of fraud to be answered by paddlers being on the Dee in these circumstances

Great news I think!! however in part, I am disappointed that I don't get my day in court to raise the whole subject of access and get it thrashed out once and for all that paddling is not a crime

I would like to take this chance to thank everyone in the paddling community that had posted here, that sent me emails, that took time to phone me, with their words of support, advice and good luck, I had paddlers from all over the world from as far as the USA and Australia wishing me all the best, and it meant a lot to me, thank you very much all of you ...

I also need to say a very big thanks to Ash at the WCA who was working in the background throughout and who had asked that I kept his and WCAs involvement quiet until we saw where it was going to go, this was very hard to do when there was a lot of loose talk about why the WCA wasn't getting involved, when they had been working in the background throughout and just didn't wish to have their involvement known at that time so - Thank you very much WCA and Ash in particular

I want to thank Shrewsbury Canoe club once again for all their help and support especially Dave B and Ian for legal advice and fielding media attention plus all of the other members who gave me support

I feel I need to also Thank Chris and Beckie at Paddleworks for all of their support over the last few weeks and even though, Sally you may not believe me, but what I did was off my own back and nothing to do with Chris or Paddleworks, I made my own choices on choosing not to pay to access water which I feel is wrong and and the CPS decision on this matter has confirmed my views and that of other paddlers that charging to use a natural waterway goes against both common sense and the law of the land

I look forward to putting this behind me and getting back on the water

Just a few more TV and news paper interviews to do then I can rest easy :-)

See you all on the water

Nigel

Please please please be careful what you say on this matter I have been very restrained here since it is my personal opinion that Sally is on a vendetta against paddlers and anything they say on an open forum if she can identify who you are and you have said something that upsets her she will unleash her dogs of war on you and you will receive a letter from her solicitor telling you how they are going to make love to your butt ;)

Don't say you haven't been warned!

by **Kayacb** on Mon Jul 28, 2008 6:56 pm

Fantastic news! Enjoy your peace and quiet!

by **Terryg** on Mon Jul 28, 2008 7:12 pm

Good news. Shame you had to go through all the hassle.

by **cookie** on Mon Jul 28, 2008 7:27 pm

Great to hear the news. See you about soon.

by **husky** on Mon Jul 28, 2008 7:32 pm

Well done mate.
How will this affect the access debate ?.
I am glad it all turned out well for you.
Steve

by **Mark B** on Mon Jul 28, 2008 8:04 pm

Excellent news. Very pleased for you and the wider access debate.

by **Adrian Cooper** on Mon Jul 28, 2008 8:05 pm

Excellent news for you Nigel. It must be a load off your mind. Next time we are coming through we will try to make an effort to visit the shop and say Hi.

Just to reassure you, I have advised our club members that it would be inappropriate to use the Mile End Mill site as an access for paddling and that any trip to the Dee should access above or below here. Nonetheless, I don't see why people shouldn't stop and play and make the most of the river at this point. I don't think they will be receiving any more payment from club members.

by **Rick Foster** on Mon Jul 28, 2008 8:09 pm

Good work.

by **aleeivel** on Mon Jul 28, 2008 8:17 pm

Sense prevails at last, great news. It would have been good to have your day in court but this way you are at least spared any more hassle!!!

by **Gavin Shedden** on Mon Jul 28, 2008 8:35 pm

I have been following this story and I am glad everything has worked out for you.I find it amazing of the problems you face down in Wales and England and I hope one day you can have the same freedom on the water as we do in Scotland.I have been paddling up here everywhere for 5 years and not come across one tube yet.

(They may take our lives but they can keep there paws of our rivers)

by **Nofio Mawr** on Mon Jul 28, 2008 8:41 pm

Well done Nigel!

Brilliant News, but I am sure these Questions are still unanswered, so it's probably worth throwing it open to the table.

Does this mean that their sign should come down saying that it is against the law to paddle that section of the dee?

Has anyone apologised for wrongful arrest?
Surely they should check the law before they arrest anyone?

Surely if people have previously paid for using that section of the Dee then they should be refunded?

Isn't that in itself Fraud?

If I went round charging people for something I am not entitled to charge for then please correct me if I am wrong- Is this fraud?

Come on all you lawyers bring it on.-all in the name of paddle love.

by **Twix** on Mon Jul 28, 2008 8:59 pm

As far as I know it is quite usual that arrest happens on suspicion and then the cps lawyers wrangle a bit and decide to press charges or not.

Anyway, glad to hear the good news.

by **MattBibbings** on Mon Jul 28, 2008 9:04 pm

I think the above posts speak for everyone here and out on the rivers - Well Done that man! You have stared down the beast of anti-access and sent it packing.

What a month! First the WCA remove the access charge for the Tryweryn and then it's proved that the CPS don't think it's ok to charge for access to water. I'm feeling quite warm and fuzzy about the access to rivers in the future.

by **jonnnnyw** on Mon Jul 28, 2008 9:11 pm

Nofio Mawr wrote:Well done Nigel!

Brilliant News, but I am sure these Questions are still unanswered, so it's probably worth throwing it open to the table.

Does this mean that their sign should come down saying that it is against the law to paddle that section of the dee?

Has anyone apologised for wrongful arrest?
Surely they should check the law before they arrest anyone?

Surely if people have previously paid for using that section of the Dee then they should be refunded?

Isn't that in itself Fraud?

If I went round charging people for something I am not entitled to charge for then please correct me if I am wrong- Is this fraud?

Come on all you lawyers bring it on.-all in the name of paddle love.

This brings up an interesting point, was the fee charging for paddling this section of river or for acess to the land, if it is the first of the two then all payment were under false pretense as there would be no right to charge for this! as in fraud..?? in which case all paddlers could make a case for a refund....? am I correct in thinking this or not...?

by **boomer** on Mon Jul 28, 2008 10:02 pm

Hi All
I'm going to paddle on that section of the Dee at weekend. Can anybody advise me. To pay or not to pay, if not to pay is it all right to get out at that section, or do I carry on down a bit towards town falls.
DECISIONS DECISIONS,,,,,, :-}

by **caveman_si** on Mon Jul 28, 2008 10:07 pm

Nigel glad to hear it is all over for you. You've got more time for boating now.

by **Nofio Mawr** on Mon Jul 28, 2008 10:56 pm

Twix wrote:As far as I know it is quite usual that arrest happens on suspicion and then the cps lawyers wrangle a bit and decide to press charges or not.

Yes your right Mr Twix buscuit,

but usually the law is known before arrest.
In this case it wasn't, so there wasn't any need for arrest, this means that this is unusual as I previously mentioned.

What you may be comparing is in the cases that somebody denies breaking the law and witness statements are taken for evidence etc ect.
Simple stuff really.

There was never any denying in this case.

I may be wrong on this but I would expect our Police Force to know the law before arresting someone. If not they are shooting themselves in the foot really.
Otherwise all headlines would be

MAN ARRESTED FOR BREATHING IN PUBLIC.ect.ect

by **Mathew** on Mon Jul 28, 2008 11:04 pm

That's a really good result, just a great shame that you had to be arrested to get it. I hope no body else has to go through this.

Come on media coverage... Tell the world what has happened and why the charges were dropped.

by **Tony Aiuto** on Mon Jul 28, 2008 11:22 pm

Nigel, I'm glad it's nearly all over for you.

Just a few media interviews to do!!!!!!!!!!!!!!!!!!!!!!

A minefield, please be carefull.

by **John Kennedy** on Mon Jul 28, 2008 11:44 pm

Voodoo wrote:...As far as the police are concerned there is no longer a case of fraud to be answered by paddlers being on the Dee in these circumstances...

Congrats Voodoo, fair play.
Just a quick question on your wording here - is it that there is no longer, or that there never was a case of fraud?

Cheers.

by **tizereyes** on Mon Jul 28, 2008 11:50 pm

Excellent news Nigel. What a relief for you...

by **Voodoo** on Tue Jul 29, 2008 12:07 am

Hic !!

by **moose** on Tue Jul 29, 2008 1:25 am

Congratulations nigel. Well done for keeping your cool thoughout this messy and uneccasary incident.

The only thing that I worry about now is what the theatrically fragranced hairy bint is going to do next.

Without prejudice
Andy
xx

by **gonzo** on Tue Jul 29, 2008 2:38 am

Well done Nigel (and the WCA) for seeing this through...I'm glad the police finally saw sense!!

Couple of things though....

Do they still have your DNA on file? Can you request its removal if so??

Is there a case to bring against JJ's for fraud? I assume all the signs are still on the river an, un-informed paddlers, may still be tricked into paying for water even if they don't use any of JJ's facilities.....

by **buck197** on Tue Jul 29, 2008 7:22 am

Excellent news Nigel and I agree its a pity it didn't get to court and then it would have had more publicity. I wonder what our friend Gareth has to say now that he doesn't own the water he conducts his sport in.

by **GoldTopo** on Tue Jul 29, 2008 7:38 am

Excellent news, and obviously the eventual outcome.
Buck, don't get too excited, this was only a CPS decision relating to Voodoo's case, it won't legally relate to any other case as it is not a "stated case" resulting from a court decision.
Nice to know they agree with us though!

by **Pete the kayaker** on Tue Jul 29, 2008 9:17 am

Nigel,

Congratulations, especially on remaining polite, reserved and gracious despite extreme provocation. Enjoy your paddling on the Dee.

The Jayes,

In my opinion your actions have been disgraceful and saddening. I feel that you owe Nigel in particular an apology - Are you civil enough to do this?

by **Debaser** on Tue Jul 29, 2008 9:24 am

Buck, don't get too excited, this was only a CPS decision relating to Voodoo's case, it won't legally relate to any other case as it is not a "stated case" resulting from a court decision.

No, but it would seem to further limit the grounds for any future criminal/civil prosecutions.

Evidently, simply being on 'someones' stretch of river is not grounds for prosecution even if the riparian owner demands payment and you refuse, in the eyes of the CPS.

This would seem to leave 'trespass' as the only recourse for anyone wishing to deny access to a river and that's a civil offence usually interpreted (by the likes of us) as applying only to the land adjoining the river.

Is JJ's next throw of the dice a sign stating that 'Trespassers Will Be Prosecuted' with the inference that actually being on the water or passing over the river bed is the trespass? (I'm surprised this tactic wasn't used in the original threat). This would probably be the final legal stumbling block to free, unfettered access to rivers in England and Wales.

BTW congratulations Voodoo!

by **boater rich** on Tue Jul 29, 2008 10:04 am

Excellent news!

If Sally Jeyes is reading - through her misguided actions we didn't run a trip to the Dee where we would have intensively used her site and paid *for parking* not access to the water. No doubt we would have bought lunch in the cafe too. As a result some other businesses got our money instead, I'm sure we aren't the only ones who have made similar decisions.

I will however be still visiting the paddleworks shops.

Rich

by **Wilf** on Tue Jul 29, 2008 10:09 am

Well done Nigel. Your courage and patience will be of benefit to us all.

Should I find myself in a similar situation on the Swale again, I will take great pleasure in quoting this unfortunate set of circumsatnces.

A sincere "Thank You".

Paddling on the Dee is NOT a Crime

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