Air rifle destroyed by police - grounds for compensation?...

[Delboysparky]

Hi guys. Does anyone have any legal experience of this sort of thing happening?

 

To cut a long story short a friend and neighbour of mine is going through a messy split with his wife. She's gone right off the rails, accusing him of all sorts including rape (she came home drunk and woke him up for sex, then can't remember it. She only reported it when they split and started discussing custody of the kids) and abusing the kids (he disciplines them, unlike her). All charges were dropped before they even got to court.

 

So, the police turned up and before speaking to him decided she was a high risk case. Once interviewed this obviously changed as he was able to provide evidence of how angry his wife was the last time he turned her down because she was too drunk - social media messages and texts have been a lifesaver! They took his air rifle but he's just been told that they destroyed it before the end of his case.

 

He's a bit miffed but is more worried about his kids for now. I think they overstepped the mark. It was a really good condition vintage rifle that had hardly been used. And it had sentimental value. Where does he stand? I think the whole situation stinks personally.

There are a number of variables.

 

Was he arrested ?

Did he receive/accept a caution?

Was the rifle used in any crime?

What where the reasons for seizure by the police?

 

Does your friend have a mental health history?

 

In relation to the rape allegation:

What you have described your friend do, is rape in the eyes of the law. But very difficult to prove and rarely gets to court without other offences

Edited March 2, 2017 by Delboysparky

[Delboysparky]

A pal of mine had something similar. Armed police abused him and spat on him, he produced proof that the guns he had had gone a month prior... she got nothing for it either -.-

Spat on by police for no reason. I find this hard to believe

[12gauge82]

Spat on him digged him in the ribs and said 'your a big man when it comes to women' or words to that effect. She accused him of rape at gunpoint with his rifle. That's all I know on the matter except he has already handed his guns in a while before, never bothered with his fac since just has a shotgun now

 

All sounds a bit far fetched at best to me.

[Lloyd90]

Spat on him digged him in the ribs and said 'your a big man when it comes to women' or words to that effect. She accused him of rape at gunpoint with his rifle. That's all I know on the matter except he has already handed his guns in a while before, never bothered with his fac since just has a shotgun now

 

Edit, I agree with the last bit, most I have met have been fine and had no issues at all. My uncles wife is a high ranking member of a local police force... she's brilliant think it was because of the allegations against him and they must have jumped the gun (excuse the pun)

If so I'd be at the doctors getting any injuries officially registered and already have my solicitor and IPCC on the case.

 

Completely unacceptable. I can't imagine any police that I have ever met doing it though. Not without any proof.

 

Police turn up at his place, there is a large amount of information missing between him being in handcuffs on the floor.

 

I imagine that "missing section" involves some misbehaviour surely. If they came along and briefed him that he was under arrest and he calmly came to the Police station, showed the evidence of his guns being signed over long before etc then how did that happen?

 

Or did he start shouting and misbehaving?

All sounds a bit far fetched at best to me.

Far too little info / one sided. Be interested to hear how it all went down.

[ChrisPCarter]

Years ago when I was engaged to be married, had just moved in together and had a baby on the way. After my daughter was born her mother really went off the rails and became violent towards me. She knew I wouldn't hit her back so it just got worse and worse until she was really trying to do damage. One day I came home, thinking all was well and we hadn't spoken all day, to walk into the kitchen and be hit hard in the face with the yellow pages (back when it was more than a leaflet!) then punched and kicked and my shirt literally ripped off my back, followed by being threatened that she was going to stab me to death. That was the last straw and I reported her to the police for domestic violence. They had a talk to her and she was sent a warning letter with advice on domestic violence etc. A week later she did something similar which was obviously set up just so she could call the police back and accuse me of the same. Luckily the police had seen it all before and when they wouldn't take me away and lock me up they took me to one side and said they knew who the trouble causer was. They had to restrain her as they were leaving as she got so abusive towards them for doing nothing. I still got a letter through the post about domestic violence though!

She tried every dirty trick in the book to try to force me out of my own house away from my daughter but I wasn't having any of it. A mate called me and asked where I was moving to - a little confused I asked what he meant - he said well your house is for sale in the paper! She had put the house up for sale without telling me while I was getting a mortgage to keep for me and my daughter to have a home. A couple of days later the house sold and the estate agent called me to ask if I could come and sign it over - sorry it's not for sale I said. They said they had never had a case like this in 30 years in the business where a wife tried to sell the house without asking their partner. I was reported for no car tax, no insurance, no MOT, no TV license. All of which I had. She left at 6am to avoid looking after my daughter each day and left me unable to work for days on end while she went to a friends house. So many other nasty tricks and it was her who decided our relationship was finished and I caught her in the house with a guy three times and kept my cool. She even had him coming round to take my daughter to nursery and the idiot went along with it. Too much to list and that's before the visitation rights and court stuff started. It was absolute hell.

At the time I didn't have guns but it all came up on my application 15 years later and they had to go ask her if all was now well between us. It makes me wonder what would have happened if I'd had them at the time. Never underestimate how crazy a woman can be. At least now I know I'd be better moving them out at the first sign of trouble. Luckily I have a wonderful wife now but it just goes to show how things can change overnight.

Edited March 3, 2017 by ChrisPCarter

[ChrisPCarter]

If the police seize your guns for reasons such as this or a suspected offence what are your rights to them?

I have a considerable amount invested in them so what would happen?

Are you allowed to arrange their sale or are they just lost financially?

Would the fact they are stored at an RFD mean they are treated any differently than if the police had turned up to seize them?

For example would they just go to the RFD and take them?

The thought of them being destroyed like this before fault has even been decided is quite shocking.

[njc110381]

I believe that if someone with the right to take them can pick them up then they have no grounds to refuse it. An RFD would be ideal. They can then be sold on your behalf.

 

You're a better man than me. I wouldn't think twice about knocking a woman out if I felt I was about to be seriously injured. If they can punch like a bloke then they can have a few back as if they were one! And to threaten to stab you?! She'd have been wearing a dining chair if she was my Mrs!

 

My friend does have a history of mental health issues, but they go back a very long time and they were neither self destructive or abusive. He's never said it, but I think they may have come from her. She didn't have a good family life so he sorted a house for them when he was young and not really ready. At the same time she immediately demanded children without considering his feelings at all. Life got very real very fast and being self employed that also put a lot of strain on him having to work enough hours to clothe, house and feed them all. He burnt himself out trying.

 

It's true that to the letter of the law that sleeping with someone whilst drunk is rape. But how many of us get home after having a few and choose to sleep with our wife/husband? When you're in a seemingly happy relationship and the act has taken place quite happily numerous times before, why would you question it? It's a bit different to picking up a girl that can barely walk in a nightclub and taking her home to abuse the situation. The worst part is that she was drunk and she is very demanding. She wanted it and believe me, she's not one to turn down when she's had a few and you want your life to be simple in the days to come! I've witnessed her mood after he said he didn't want her tonight because she wasn't in a fit state. I'd have come close to leaving her for her reaction but he'd grown used to it so it was normal to him.

 

I really do believe that although he's a pretty strong bloke physically, mentally she was the abuser and had been since the start.