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When a civilian peace-seeker lodges a formal noise complaint with his local authority he is actually seeking the distress-relieving intervention of that state authority in preference to securing it for himself, in his own way. In return for that orderly step that state authority is then obliged to investigate the complaint and restore peace if the complaint has legitimacy. Because the complainant has relinquished his primitive right to secure peace for himself, in his own way, he has effectively authorised the state to take the leading role in the matter. It is therefore the state which has the responsibility of securing the evidence in support of ITS allegations. The complainant has the moral obligation of supporting that state authority in its efforts and this usually occurs through his provision of sworn declarations, and if necessary, his sworn testimony in court. Video-taped images may be produced that purport to display ongoing offences but the integrity of these can often be readily shot down by the offender's legal representative. The responsibility for securing a conviction rests with the state authority. If it succeeds then the offender pays the penalty in whole or partial restitution to the state for its expenses. If it fails then the state bears the cost, not the complainant. Because the matter has, by consent, become a state matter, the state has the PRIME responsibility for gathering the evidence in support of ITS OWN prosecution. The state's case will fail or succeed on the merits of that evidence. It is therefore up to the state to secure that evidence for itself, in its own way. |