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Hi Atty.
A staff member was transferred to another department by the administrator because of numerous complaints by her co-workers. A day after the transfer was effective, she again shows up at her former department acting as if she was not transferred at all. When security alerted me I proceeded to where she was and took a photo using my cellfone to document her violation. She was situated in an area where the CCTV couldn't record her presence. I proceeded to take her picture, even challenging me to take more pictures if i wanted to. JOKINGLY, I replied to her that if she wanted to it can be posted in our company's facebook account. Before I can take another photo she then ran off and went inside one of the offices and locked herself in. She later claimed that I ran after her and because I 'threatened' exposing her violation on the company facebook account she became fearful and frightened. I dont even have access to the company facebook account. Thus, she had me charged for Unjust Vexation. She presented two witnesses and her own account as evidence. I am now scheduled to be arraigned in 2 weeks' time.
Questions:
1. What's the best defense against this situation?
2. Can I be held liable for the 'threat' even if the photo was never even posted?
3. Can I use the clarificatory memo issued by the administrator as defense detailing the conditions of her transfer, stipulating that the only circumstance for her to go back to go back to her former department is only for official business?
4. Can I use the defense that she shouldn't have been in the department in the first place?
5. Can I use the defense that I was just following orders when I took the pic and that the 'threat of posting to facebook was only in response to her challenge to take more pics'?
I hope you can help coz I really find this charge to be a useless expense. If there should be anybody who felt vexed it is I.
Thanks again and more power.
A staff member was transferred to another department by the administrator because of numerous complaints by her co-workers. A day after the transfer was effective, she again shows up at her former department acting as if she was not transferred at all. When security alerted me I proceeded to where she was and took a photo using my cellfone to document her violation. She was situated in an area where the CCTV couldn't record her presence. I proceeded to take her picture, even challenging me to take more pictures if i wanted to. JOKINGLY, I replied to her that if she wanted to it can be posted in our company's facebook account. Before I can take another photo she then ran off and went inside one of the offices and locked herself in. She later claimed that I ran after her and because I 'threatened' exposing her violation on the company facebook account she became fearful and frightened. I dont even have access to the company facebook account. Thus, she had me charged for Unjust Vexation. She presented two witnesses and her own account as evidence. I am now scheduled to be arraigned in 2 weeks' time.
Questions:
1. What's the best defense against this situation?
2. Can I be held liable for the 'threat' even if the photo was never even posted?
3. Can I use the clarificatory memo issued by the administrator as defense detailing the conditions of her transfer, stipulating that the only circumstance for her to go back to go back to her former department is only for official business?
4. Can I use the defense that she shouldn't have been in the department in the first place?
5. Can I use the defense that I was just following orders when I took the pic and that the 'threat of posting to facebook was only in response to her challenge to take more pics'?
I hope you can help coz I really find this charge to be a useless expense. If there should be anybody who felt vexed it is I.
Thanks again and more power.
