Hairy Cornflake (DLT) NOT GUILTY

Hairy Cornflake (DLT) NOT GUILTY

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Discussion

Chim

7,259 posts

177 months

Tuesday 25th February 2014
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10 Pence Short said:
Chim said:
Not so, limitation for brining a case of this type is 1967, in addition, if the CPS pursue the case it is automatically eligible for CICA money as I outlined in my last post.
When I last looked (recently) claims had to be brought within 2 years, unless there are good reasons. Action by the CPS is not required, btw. In any case, the CICA claim value for a touch on the boob is small fry. I appreciate PH is a cynical place full of people all too willing to see the worst in people (yeah, yeah, I do it too), but in this case I believe the daschund has the wrong larch.
Could be wrong, getting my info from the site and it states that claims are valid from 67 onwards, agree amounts are small and that perhaps this is not the only driver. Hearing evidence of years of trauma caused by DLT feeling your arse once though does not IMHO speak well for the person bringing the case.

10 Pence Short

32,880 posts

217 months

Tuesday 25th February 2014
quotequote all
A person must make a claim as soon as practicable, and in any case within 2 years of the incident.

If they were under 18 at the time of the incident, they must claim by their 20th birthday if it was reported to the police before they were 18, or within 2 years of reporting it to the Police if they reported it afterwards.

The time limit can only be extended in exceptional circumstances and where there do not need to be too many investigations by CICA.

And all this for £1k.

mybrainhurts

90,809 posts

255 months

Wednesday 26th February 2014
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Will somebody please take down the "Hairy Cornflake" thread title?

Every time I scan through What's New and the like, it fills my mind with scabs and warts and numerous other festering abominations...

CAPP0

19,566 posts

203 months

Wednesday 26th February 2014
quotequote all
mybrainhurts said:
Will somebody please take down the "Hairy Cornflake" thread title?
I believe he coined the nickname himself back at the height of his fame - something, I guess, to do with the breakfast show and his general hirsuteness.

Edited by CAPP0 on Wednesday 26th February 23:34

Astacus

3,375 posts

234 months

Wednesday 26th February 2014
quotequote all
Perhaps this has already been asked and answered, but, I wonder what happens to DLT if he is found not guilty in all this. The guy has lost his job, his career and had to sell his house to fund his defence. If he is cleared does HE get compensation? Who pays to have HIM made whole?

carinaman

21,274 posts

172 months

Wednesday 26th February 2014
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Dave Lee Travis: Five things you didn't know by Alice Vincent and George Berridge on the Telegraph website 13 Feb 2014 said:
He never liked being called The Hairy Cornflake

Well, who would? In an interview with BBC News in 2012, a rather more groomed Travis explained that the nickname had been “driving [him] crazy”. The Hairy Cornflake started as “The Hairy Monster Living 200 Miles Up The M1”, a name Travis earned while living in Manchester and broadcasting in London. When Travis started working on the breakfast show "Monster" became "Cornflake". Its creator, however, is only referred to as “some idiot”.
Dave Lee Travis: Five things you didn't know by Alice Vincent and George Berridge on the Telegraph website 13 Feb 2014 said:
He was inducted as a member of the Hall of Fame in 2012 for being “a great ambassador for the sport” and a “constant and never matched high level promotion of drag racing”.
from:

http://www.telegraph.co.uk/culture/tvandradio/1063...

Scuffers

20,887 posts

274 months

Friday 28th March 2014
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So, not content with a retrial on the 2 charges, they have magiced up another 1.

http://www.huffingtonpost.co.uk/2014/03/28/dlt-fac...


Ozzie Osmond

21,189 posts

246 months

Tuesday 15th April 2014
quotequote all
BBC reporting that DLT has now been charged with the mid-1990s offence. He will be pleased. My recollection is that he said he'd had to sell his house to pay the defence costs last time around.

http://www.bbc.co.uk/news/uk-27041407

No doubt Old Bill and his friends at the CPS are recruiting new complainants against Nigel Evans even as I type. Poor little Nigel was whimpering about a collection of weak cases not making a strong case - I guess we'll see what the lads can dig up to solve that for him.

Welshbeef

49,633 posts

198 months

Tuesday 15th April 2014
quotequote all
Ozzie Osmond said:
BBC reporting that DLT has now been charged with the mid-1990s offence. He will be pleased. My recollection is that he said he'd had to sell his house to pay the defence costs last time around.

http://www.bbc.co.uk/news/uk-27041407

No doubt Old Bill and his friends at the CPS are recruiting new complainants against Nigel Evans even as I type. Poor little Nigel was whimpering about a collection of weak cases not making a strong case - I guess we'll see what the lads can dig up to solve that for him.
But if he is innocent then he and others in the same situation can lose everything they have built up over a lifetimes worth of savings. Sell the house to rent a bed sit sell the cars get a bus and your too old to work again.

This grates a lot why if found innocent are the legal costs not paid out in full and compensation for loss of earnings/defecting of character etc.

What if it happened to your father or you? Totally innocent and you lose everything yet the accuser remains unknown and has no detrimental impact to finances...

mybrainhurts

90,809 posts

255 months

Tuesday 15th April 2014
quotequote all
Welshbeef said:
Ozzie Osmond said:
BBC reporting that DLT has now been charged with the mid-1990s offence. He will be pleased. My recollection is that he said he'd had to sell his house to pay the defence costs last time around.

http://www.bbc.co.uk/news/uk-27041407

No doubt Old Bill and his friends at the CPS are recruiting new complainants against Nigel Evans even as I type. Poor little Nigel was whimpering about a collection of weak cases not making a strong case - I guess we'll see what the lads can dig up to solve that for him.
But if he is innocent then he and others in the same situation can lose everything they have built up over a lifetimes worth of savings. Sell the house to rent a bed sit sell the cars get a bus and your too old to work again.

This grates a lot why if found innocent are the legal costs not paid out in full and compensation for loss of earnings/defecting of character etc.

What if it happened to your father or you? Totally innocent and you lose everything yet the accuser remains unknown and has no detrimental impact to finances...
I believe they call it justice.

Welshbeef

49,633 posts

198 months

Tuesday 15th April 2014
quotequote all
mybrainhurts said:
I believe they call it justice.
What happens if say DLT cases keep coming and every-time he is found innocent but ends up utterly penniless then a new claim against him - would legal aid pay for his defence if not how could he stand trial? Should these stars and joe public move their wealth to spouse or blow all the money then go legal aid route?

mybrainhurts

90,809 posts

255 months

Tuesday 15th April 2014
quotequote all
Welshbeef said:
mybrainhurts said:
I believe they call it justice.
What happens if say DLT cases keep coming and every-time he is found innocent but ends up utterly penniless then a new claim against him - would legal aid pay for his defence if not how could he stand trial? Should these stars and joe public move their wealth to spouse or blow all the money then go legal aid route?
My sarcasm, your WHOOSH

wavey

Welshbeef

49,633 posts

198 months

Tuesday 15th April 2014
quotequote all
mybrainhurts said:
My sarcasm, your WHOOSH

wavey
I got your point but my question stands could he use legal aid if broke to try to clear his name? Likewise as the Gay MP who was cleared he has spent his life savings all gone so IF any other case were put against him he would have to use legal aid.

Given legal aids budget has been cut significantly what would actually happen if the Legal aid budget had been fully spent as I'm sure it couldn't just take £150-300k legal fees hits

Einion Yrth

19,575 posts

244 months

Wednesday 16th April 2014
quotequote all
Welshbeef said:
mybrainhurts said:
My sarcasm, your WHOOSH

wavey
I got your point but my question stands could he use legal aid if broke to try to clear his name? Likewise as the Gay MP who was cleared he has spent his life savings all gone so IF any other case were put against him he would have to use legal aid.

Given legal aids budget has been cut significantly what would actually happen if the Legal aid budget had been fully spent as I'm sure it couldn't just take £150-300k legal fees hits
As it stands, I think you'll find you get the justice you can afford.

Ozzie Osmond

21,189 posts

246 months

Wednesday 16th April 2014
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Well of course - idea - they could always save the defence costs by pleading guilty, I suppose.

Thorodin

2,459 posts

133 months

Wednesday 16th April 2014
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Seems to me there's a difference between Not Guilty and Innocent. Scotland has Not Proven, altogether more accurate in many cases perhaps.

carinatauk

1,408 posts

252 months

Wednesday 16th April 2014
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For someone that has been "cleared" and found not guilty, can they take this to European Court of Human Rights?

anonymous-user

54 months

Thursday 17th April 2014
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http://www.independent.co.uk/news/uk/politics/1300...

The Government brought in a measure restricting the recovery of costs by an acquitted defendant to the (very low) legal aid rates (even if the defendant had reasonably paid higher private rates). One of my colleagues at work won a judicial review and the Court overturned the measure, but the Government then re-imposed it. So, poor old Nigel Evans will only recover a fraction of his £130k from Central Funds, thanks to his own party's policy. Others, who did not vote for the policy, will also get clobbered by it.

anonymous-user

54 months

Thursday 17th April 2014
quotequote all
carinatauk said:
For someone that has been "cleared" and found not guilty, can they take this to European Court of Human Rights?
The "McLibel Two" won in Strasbourg because the absence of legal aid for their battle against McDonalds in its defamation claim against them was regarded as bringing about an un-level playing field. Therefore, there was a breach of the due process guarantee provided by article 6 ECHR.

An article 6 challenge based on having to foot your own bill might have wings, but would face difficulty, as the point here is not that the defendant is denied access to justice, but that he or she has to pay heavily for it. The Convention does not in general address socio-economic inequalities, or inverse inequalities such as property holders being ineligible for legal aid.

More generally, the Convention does not oblige the State to provide more than a minimal legal aid system in most contexts. As the legal aid cuts bite, however, and competent lawyers give up doing legal aid work as it is uneconomic, an argument may emerge that the playing field is slanted against the defendant in a criminal case or the poorer party in a civil case.

The Equality and Human Rights Commission have expressed some views on this:-


EHRC said:
Cuts to legal aid may compromise the right to a fair trial

Proposed changes to legal aid for civil law cases, by limiting people’s access to legal advice and representation, may compromise rights to a fair hearing under Article 6(1) of the European Convention on Human Rights.

The review shows that:

The current ‘fixed fees’ system can act as a barrier to those with complicated and unusual cases.
Removing legal aid from areas of civil law may mean some people do not have access to a fair hearing.

The policies aimed at mitigating the impact of legal aid cuts may not be sufficient to ensure that everybody has access to justice.

Changes to contracts for criminal legal aid may have an impact on the quality and supply of criminal defence lawyers.

Welshbeef

49,633 posts

198 months

Thursday 17th April 2014
quotequote all
Breadvan72 said:
http://www.independent.co.uk/news/uk/politics/1300...

The Government brought in a measure restricting the recovery of costs by an acquitted defendant to the (very low) legal aid rates (even if the defendant had reasonably paid higher private rates). One of my colleagues at work won a judicial review and the Court overturned the measure, but the Government then re-imposed it. So, poor old Nigel Evans will only recover a fraction of his £130k from Central Funds, thanks to his own party's policy. Others, who did not vote for the policy, will also get clobbered by it.
So if an individual is not guilty and cannot reclaim his/her fees can that individual then go to a civil court to claim damages from the accuser? Seems only fair really.

Also what if you actually cannot get legal representation for the case your facing from the allowed legal aid fees and lets say you actually cannot afford it?