Another prove your innocence case
Discussion
New Barrister on the case finds prosection held back evidence that eventually causes the case to collapse
http://www.dailymail.co.uk/news/article-5181277/Ju...
But suppose that evidence was not there, should the case have gone on to succeed?
http://www.dailymail.co.uk/news/article-5181277/Ju...
But suppose that evidence was not there, should the case have gone on to succeed?
h is prosecuted?motco said:
If she sent texts to him pestering him for casual sex, and this was withheld by police, why didn't the accused provide them in his defence?
Interesting question. It’s outrageous that the OIC hadn’t gone through the exhibit himself, but given the content why didn’t the defence team include this detail in the defence statement? That should have prompted a review of all unused material (particularly the disc in question). Perhaps the defendant’s phone was seized during the investigation, but if so why was that not examined? Pretty basic stuff for any investigator, let alone a detective. I wonder what account if any the defendant gave in interview; how did all of this get missed at every step?JulianHJ said:
motco said:
If she sent texts to him pestering him for casual sex, and this was withheld by police, why didn't the accused provide them in his defence?
Interesting question. It’s outrageous that the OIC hadn’t gone through the exhibit himself, but given the content why didn’t the defence team include this detail in the defence statement? That should have prompted a review of all unused material (particularly the disc in question). Perhaps the defendant’s phone was seized during the investigation, but if so why was that not examined? Pretty basic stuff for any investigator, let alone a detective. I wonder what account if any the defendant gave in interview; how did all of this get missed at every step?"Mr Allan’s lawyers were denied access to the woman’s telephone records after police insisted there was nothing of interest for the defence or prosecution"
That's nothing short of outrageous, and both the way the woman and the police officer need some serious jail time
JulianHJ said:
I wonder what account if any the defendant gave in interview; how did all of this get missed at every step?
Possibly he went 'no comment', which I'm told by solicitor friends is the best response for an innocent person in the majority of cases. It's clear that the police and CPS are under considerable pressure to clock up rape convictions.Front page of the Times too.
Judge slams police after man cleared of rape
https://www.thetimes.co.uk/article/judge-slams-met...
Judge slams police after man cleared of rape
https://www.thetimes.co.uk/article/judge-slams-met...
Mail artticle cites an MP stating that it appears that the investigating police officer hadn't reviewed the records and didn't know of the texts.
Im sad to say that it really wouldn't surprise me to find out that that statement is false; that the evidence was known about and deliberately not raised either by the police or the CPS.
Reasons could possibly include an effort to get a result (rather than the right result), but in todays society it may even be withheld to avoid any accusations on the police or CPS of "victim blaming".
Unfortunately, in my experience (nothing as serious as this case i add) it rarely pays to be open with the police.
So, Whens she up in court then?
Im sad to say that it really wouldn't surprise me to find out that that statement is false; that the evidence was known about and deliberately not raised either by the police or the CPS.
Reasons could possibly include an effort to get a result (rather than the right result), but in todays society it may even be withheld to avoid any accusations on the police or CPS of "victim blaming".
Unfortunately, in my experience (nothing as serious as this case i add) it rarely pays to be open with the police.
So, Whens she up in court then?
Edited by Previous on Friday 15th December 07:09
Dr Jekyll said:
It's clear that the police and CPS are under considerable pressure to clock up rape convictions.
I think any kind of sexual assault.21 yo male friend of my daughter was accused of a sexual assault of a minor (touching her clothed bottom in the changing rooms of the leisure centre where he worked).
He was arrested at work infront of his colleagues, was interviewed, accuse by the Police of fancying little girls, lost his job, had about 7 months of absolute hell, there was zero evidence; nothing, only the word of a 12 yo who had been causing hassle at the leisure centre whilst she was there with many members of staff saying she and her friend had been flirting with the male staff.
It went to Crown Court last month, 3 day trial, the jury deliberations took less than 20minutes to find him not guilty.
Absolute joke and should never had got as far as it did.
The poor guy is now a shell of his former self.
Previous said:
Article states that the police officer hadn't reviewed the records and didn't know of the texts.
Im sad to say that it really wouldn't surprise me to find out that that statement is false; that the evidence was known about and deliberately not raised either by the police or the CPS.
Reasons could possibly include an effort to get a result (rather than the right result), but in todays society it may even be withheld to avoid any accusations on the police or CPS of "victim blaming".
So, Whens she up in court then?
If he was a scumbag in other ways and the police just wanted him put away for something that would make sense but this just appears to the result of staggering incompetence to me. How different could that poor mans future have been if that defence barrister hadn’t followed that route? Poor bloke. Im sad to say that it really wouldn't surprise me to find out that that statement is false; that the evidence was known about and deliberately not raised either by the police or the CPS.
Reasons could possibly include an effort to get a result (rather than the right result), but in todays society it may even be withheld to avoid any accusations on the police or CPS of "victim blaming".
So, Whens she up in court then?
They definitely need to build a case against the false accuser and make sure she spends a serious amount of time in a small room to reflect on her actions.
OpulentBob said:
So he gets named but not her? Why? Is there a genuine reason why that would be the case?
The complainant in sexual offence cases has a right to anonymity and judges impose reporting restrictions on their details. They can be named, if a judge decides to do that, but the basic stance is always to keep their details private. The Mad Monk said:
HTP99 said:
21 yo male friend of my daughter was accused of a sexual assault of a minor (touching her clothed bottom in the changing rooms of the leisure centre where he worked).
What was the man doing in the female changing rooms?Or are the changing rooms ambidextrous?
Loyly said:
OpulentBob said:
So he gets named but not her? Why? Is there a genuine reason why that would be the case?
The complainant in sexual offence cases has a right to anonymity and judges impose reporting restrictions on their details. They can be named, if a judge decides to do that, but the basic stance is always to keep their details private. Surely it would ensure a fairer justice if naming is entirely held off prior to conviction? The law should be blind of race, sex, or background. The media very much isn't.
OpulentBob said:
So he gets named but not her? Why? Is there a genuine reason why that would be the case?
Daily Mail has multiple pictures of him along with a full profile.. while mentioning how these false accusations and the accompanying media frenzy have a massive negative impact on the accused.....Gassing Station | News, Politics & Economics | Top of Page | What's New | My Stuff