Advice please.
Had a phone call from DC ... of ... Police station today.
Back in November 2003, a tenant of ours (the victim) was assaulted by
another tenant of ours (the defendant)and her boyfriend. The victim had
reported to us the fact that the defendant was illegally subletting a room
in her flat to her boyfriend, and both were selling drugs from the
property. Appropiate action was taken, and somehow, the defendant got to
know that it was the victim that made the report.
Anyway, the assault case is now in the hands of the solicitors and the
courts. The problem is the solicitors of the defendants have asked for a
subject access request of the victims housing file as well as land
telephone calls / records(?) (which we do not have anyway as we are talking
about 2 years ago). According to DC ...it seems like defense cousel are
fishing for any derogatory piecies of info on the victim.
Am I not right in thinking that first of all they would need the victims
consent in order to obtain her housing file and call log,, not only that,
but that we have every right to refuse this request (unless of course a
court order is issued). Why would the defense counsel need the victims
housing file? and do they have that automatic right to have access to it
due to the fact that a crime has been committed here.
DC ... has on countless times informed the defence cousel that their
request cannot and will not be hounoured; but the defense cousel are
insisting that I as DPO put in writing the reasons why the request is being
refused and on what grounds quoting relevant legislation.
It also seems the judge in the case is leaning towards (only)the defense
counsel having access to the file.
Please help!!
Thanks all
Clementine Amawo
Information Managemenmt officer (IT)
C33 HG
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