Conference 7.286::sports_91

186.0. "Gachot, Why ? - I want to contribute !" by BONNET::BAILLET () Tue Aug 27 1991 10:30

                                                    
		Condemned for a situation of legitimate defense :

		BERTRAND GACHOT - A VICTIM OF ARBITRARY JUSTICE ?

At present incarcerated in Brixton Prison (London), Bertrand Gachot did not
participate in the Formula 1 Grand Prix of Belgium. The European driver was
condemned to 18 months imprisonment for having defended himself, with a tear
gas spray, against aggression by a London taxi driver.

The incident happened on the 10th December 1990 in London. Bertrand Gachot was
driving his fiancee Kate Palmers' car to the official Jordan presentation by
7-Up. A taxi and Gachot arrived at Hyde Park Corner at the same time. The two
drivers argued over their right of way and Gachot was unable to avoid hitting
the taxi (no damage ensued). Until that time it was not more than a banal
traffic incident. Could it not happen to anyone of us ?

Bertrand remained behind the wheel. Eric Court, the driver of the taxi, got out
of his vehicle. Bertrand tried to keep the situation calm but Mr Court paid no
attention. He opened the door of Bertrand's car and grabbed him by the tie,
threatening him with his clenched fist, In reaction, Gachot used a spray.
Shaken by his aggressor, he sprayed himself first, It was the first time he had
ever used spray, He then sprayed Mr Court, Given the choice of a punch or a
spray what would you do ? The effects of a spray disappear after a few
minutes. On the other hand a black eye or a broken nose cause more damage.

"I am adamant" declared kate Palmer, "there was never any aggression on the
part of Bertrand. It was an act of self defense. You must believe in Bertrand's
good will". Only three witnesses were heard, They all confirmed that Mr Court
got out of his vehicle and went towards the car that had hit him. Kate Palmer
has already appealed and will appeal again for all those who witnessed the
incident to come forward and testify. In a declaration to the Daily Mirror on
the 16th August, Mr Court showed amazement at the sentence; he had only wanted
to be reimbursed for his soiled clothes and business lost during the period of
the incident.

After havind neutralized Mr Court, Bertrand went into a nearby building to
splash water on himself and to immerse the spray to stop its action. At that
time he had no idea that an object such as this was forbidden in England. He
never had any previous convictions. In december, he was convinced he was in the
right. Since then, he has had to appear several times in court, On the 15th of
August last sentence was passed, Bertrand was present (instead of being at the
Monza free trials). He pleaded Not Guilty, The judge, Mr Gerald Butler,
declared that "the use of a CS Gas Spray in the face of a man who, I am
convinced, showed the minimum amout of aggression towards your person, 
obliges me to pass a prison sentence with immediate effect". Lasting 18 months,
18 months for aggression on a public thoroughfare and 6 months for the 
possession of a spray, the said 6 months being included in the first penalty, 
The Court immediatelty issued a communique to the press agencies.

Gachot was taken to Brixton Prison in the south of London. Brixton is one of
the most decrepit prisons of the United Kingdom, He is in a 10m2 room, without
a telephone, without a television and without newspapers, He is allowed a
visit from relatives once every 14 days for 30 minutes.

Those close to Bertrand Gachot, namely his fiancee, Kate Paslmer, his father,
Rodolphe Gachot, his Belgian lawyer, Jean-Marc Goossens and the
Belgian-Norwegian driver, Harald Huysman, a close friend, have initiated
various proceedings starting by reorganizing his defense. His lawyers
proceeding with the case are Swycher & Co (Solicitors) and Gilbert Gray
(Barrister, Queens' Counsellor).

A reequest for release with bail was considered. The request was rejected.
Gachot must remain in prison, A request for an appeal judgment has been set for
September 19th. It is by no menans certain that this request will mean the
release of the driver, Gachot could still remain in prison, for having
defended himself against aggression with only a spray. It is already certain
that Bertrand Gachot missed his Belgian Granc Prix, He will also miss the
Grand Prix of Italy and Protugal, Indeed will he be able to take part in any
other Grand Prix this season ? Has the career of this young hope been broken ?

In Belgium, thousands of sympathizers, disgusted with the arbitrary sentence
passed on Bertrand Gachot, have demonstrated on his behalf. A non-profit
association "Gachot, Why?" has been created to undertake further action to
ensure a favourable future for Bertrand and, more especally to enable him to
take his place in the 1992 Formula 1 Championship. "Gachot, Why ASBL" will
avoid all aggressive action. 

The association is organizing a large demonstration that will take place on
Tuesday 10th September at 12h30 from the European Communicty buildings to the
British Embassy. "I am overwhelmed with the fantastic support that Bertrand has
received during the past ten days", says Kate Palmer. "It is very important
and I thank all those who have taken part from the bottom of my heart. We are
going through a very trying time, but it is marvellous to know that so many are
aware of what has happened to Bertrand".

By the way, Bertrand Gachot can receive letters and telegrams. His address is:

Bertrand Gachot 
No MW 3024 
HMP Brixton
Jebb Avenue 
Brixton
London SW2 5XF
United Kingdom

For more information please contact : Christophe Koninckx
                                      "Gachot, Why ?asbl"
				      B.P.B  520 
				      1000 Brussels 1

    Are you sure this did'nt happen in Massachusettes ?
    

    Dear all
    
    I included this note because I feel very concerned about what happened
    to Bertrand.
    Imagine ! it could happen to you... or me !!!
    
    Anyway, I am afraid this happened in London. Would it have been the
    same in Mass ?
    
    PS: we are located in Valbonne.
    
    Cheers from South France
    Corinne

    He should have known that the spray was illegal.
    
    He's TOO BLAM
    

Yeah, I don't know about England, but here in the States the rules are 
pretty much that you can use "like force" in defending yourself.

Therefore, if you are being attacked by a guy with a knife, you can
use a knife or less.  If you blow him away with a gun, then things can
really get sticky for you in court.  (I know a guy that had a gun, 
was in a fight, and the other guy threw his knife at the guy.  The guy
fired the gun, killing the dude who threw the knife.  Now the guy's doing
time for murder....)

Anyway, he should have known the spray was illegal....


'Saw

    Funny thing, but while in France in June there was an article in the
    Internatinal Herald Tribune chronicling the rise in violence among
    London cab drivers.  The focus of the article was on cabbies abusing,
    beating, and robbing fares.
    
    Poor Eddie Jordan didn't need this.  Also, Bertrand is probably the
    best young driver there is right now in F1.  
    
    It's not surprising news coming from England.  Most Americans perceive
    the English as highly cultured and educated people, probably because
    public TV here is filled with mediocre English serials, usually having
    to do with the burining passions of upper class homosexuals.  The 
    English are among the most violent and racist people on earth.  Who can
    forget the way they sacrificed all those young Aussies at Gallipoli?
    When they're not busy crushing one another or setting fire to  to
    stands at soccer games they enjoy friendly fist fights at the pubs.  
    
    As for the British legal system, one need only look to the rigged 
    political show trials that have left dozens of Irish imprisoned and
    innocent in places like Brixton.
    
    If it had been an English stockbrocker-yuppie who'd defended himself
    he would not have even been ticketed.  Nonviolent England.  What a
    joke!
    
    Bonne chance, Bertrand!
    
    
    

	Re .5

	Thanks for your support to Bertrand.

	Well I think it is valuable to learn that you cannot use a spray
    	in England.
    	I know several people who are going in training with such a spray 
    	and I am wondering what will DEC say if a trainee would not come 
    	back home if the same kind of problem happened ....
    
	I received a FAX this morning, Bertrand has been transfered in an other
	prison :

	Bertrand Gachot MW 3024
	HMP NORTHEYE
	BARNHORN ROAD
	BEXHILL ON SEA
	EAST SUSSEX
	TN39 4 QN Grand-Bretagne.

	Erik.