Another prove your innocence case

Another prove your innocence case

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Discussion

Gameface

16,565 posts

77 months

Saturday 26th May 2018
quotequote all
Why aren't phones examined immediately? And why did this particular one drag on for so long?

I'm sick of seeing stories like this.

Really fking annoys me.

wc98

10,391 posts

140 months

Saturday 26th May 2018
quotequote all
rscott said:
Looks to me like someone in the CPS was doing their job properly - they requested the text messages and promptly discontinued the case once they'd received and reviewed them.
looking at the timeline i don't think your use of the word "promptly" is appropriate in this case. why weren't they looked at before he ended up in the slammer ?
in cases like this i would like to see investigation into the complainant to see if there is any malice intended. if so it should open them up to prosecution or financial penalty at the very least. false accusations have the same effect as malicious slander yet too often those doing the accusation seem to get a free ride after their claims are shown to be without foundation.

this bloke lost his business and home, not so easy to forgive and forget in that situation and his view of the system and those running it will be heavily tainted for good.

saaby93

Original Poster:

32,038 posts

178 months

Saturday 26th May 2018
quotequote all
wc98 said:
looking at the timeline i don't think your use of the word "promptly" is appropriate in this case. why weren't they looked at before he ended up in the slammer ?
No nono
The question is why did he end up in the slammer in the first place
Think of an exact case except there are no innocence proving text messages
How likely is what was presented going to mean permanent residence in the slammer?



Edited by saaby93 on Saturday 26th May 10:18

anonymous-user

54 months

Saturday 26th May 2018
quotequote all
saaby93 said:
No nono
The question is why did he end up in the slammer in the first place
Think of an exact case except there are no innocence proving text messages
How likely is what was presented going to mean permanent residence in the slammer?

Edited by anonymous-user on Saturday 26th May 10:18
Reading the story it seems that the entire case (and him being remanded in custody) did not rest on the texts as he was charged with arson/harassment and then remanded in custody, later charged with rape, CPS request phone messages at this point, receive phone messages ‘relevant to the rape matter’ then 5 days later all charges are dropped.

So he had already been in custody for 5 months before he was charged with rape, for which the text messages were relevant.

saaby93

Original Poster:

32,038 posts

178 months

Saturday 26th May 2018
quotequote all
cookie118 said:
Reading the story it seems that the entire case (and him being remanded in custody) did not rest on the texts as he was charged with arson/harassment and then remanded in custody, later charged with rape, CPS request phone messages at this point, receive phone messages ‘relevant to the rape matter’ then 5 days later all charges are dropped.
Didnt know that but how come the whole lot was dropped just because of a few texts?
It either stacks up or it doesnt, irrespective of a few texts


Dr Jekyll

23,820 posts

261 months

Saturday 26th May 2018
quotequote all
saaby93 said:
cookie118 said:
Reading the story it seems that the entire case (and him being remanded in custody) did not rest on the texts as he was charged with arson/harassment and then remanded in custody, later charged with rape, CPS request phone messages at this point, receive phone messages ‘relevant to the rape matter’ then 5 days later all charges are dropped.
Didnt know that but how come the whole lot was dropped just because of a few texts?
It either stacks up or it doesnt, irrespective of a few texts
A few texts could make the difference between having a reasonable chance of conviction and not.

saaby93

Original Poster:

32,038 posts

178 months

Saturday 26th May 2018
quotequote all
Dr Jekyll said:
saaby93 said:
cookie118 said:
Reading the story it seems that the entire case (and him being remanded in custody) did not rest on the texts as he was charged with arson/harassment and then remanded in custody, later charged with rape, CPS request phone messages at this point, receive phone messages ‘relevant to the rape matter’ then 5 days later all charges are dropped.
Didnt know that but how come the whole lot was dropped just because of a few texts?
It either stacks up or it doesnt, irrespective of a few texts
A few texts could make the difference between having a reasonable chance of conviction and not.
Surely it's the oather way about
You have a pile of evidence which doesn't quite stack up, and you get a few texts which add to the case to make it proceed

You cant have a pile of evidence that does stack up and then find a few texts to say it doesnt
There shouldnt be enough in the stack to make it certain with or without the texts
The threshold is wrong somewhere

rscott

14,754 posts

191 months

Saturday 26th May 2018
quotequote all
saaby93 said:
cookie118 said:
Reading the story it seems that the entire case (and him being remanded in custody) did not rest on the texts as he was charged with arson/harassment and then remanded in custody, later charged with rape, CPS request phone messages at this point, receive phone messages ‘relevant to the rape matter’ then 5 days later all charges are dropped.
Didnt know that but how come the whole lot was dropped just because of a few texts?
It either stacks up or it doesnt, irrespective of a few texts
According to the link you posted, it wasn't dropped because of the texts. The complainant was re-interviewed after the texts were received and my guess is she withdrew her statements.

saaby93

Original Poster:

32,038 posts

178 months

Saturday 26th May 2018
quotequote all
rscott said:
According to the link you posted, it wasn't dropped because of the texts. The complainant was re-interviewed after the texts were received and my guess is she withdrew her statements.
Was that the only evidence for 8 months in jail?

Dr Jekyll

23,820 posts

261 months

Saturday 26th May 2018
quotequote all
saaby93 said:
Surely it's the oather way about
You have a pile of evidence which doesn't quite stack up, and you get a few texts which add to the case to make it proceed

You cant have a pile of evidence that does stack up and then find a few texts to say it doesnt
There shouldnt be enough in the stack to make it certain with or without the texts
The threshold is wrong somewhere
The additional texts might alter the context of what's already in the stack.

There was a recent case where part of the evidence was a message from the defendant to the complainant shortly after the alleged assault saying 'sorry'. Another message was then found showing that the 'sorry' was a reply to another message dated after the alleged assault saying 'why are you ignoring me?'.


The jury decision as to whether there is proof beyond reasonable doubt is ultimately a judgement call and the CPS estimate as to how likely the jury is to convict it is a second level judgement call. It's not as if there is some scientific proof involved.

Gameface

16,565 posts

77 months

Saturday 26th May 2018
quotequote all
And what happens to her now?

She's caused:-

8 months of liberty gone with all the psychological effects of prison.
Lost home.
Lost job.
8 months of wasted police, lawyer and court time.
The expense of all the above.

It's a fking joke.

Elroy Blue

8,687 posts

192 months

Saturday 26th May 2018
quotequote all
'why did it take so long?' you ask.

If you've ever seen the amount of A4 sheets of information a single phone produces you might start to understand. It's like a volume of encyclopedia Britannica. Each Officer can be dealing with around 30 investigations and is expected to go through every piece of information for disclosure. It's an impossible task, more so now all the support departments have been axed due to budget cuts.

Fastpedeller

3,872 posts

146 months

Saturday 26th May 2018
quotequote all
Elroy Blue said:
'why did it take so long?' you ask.

If you've ever seen the amount of A4 sheets of information a single phone produces you might start to understand. It's like a volume of encyclopedia Britannica. Each Officer can be dealing with around 30 investigations and is expected to go through every piece of information for disclosure. It's an impossible task, more so now all the support departments have been axed due to budget cuts.
But surely that doesn't give a reason for 'selectively ignoring' some evidence, as has been shown to have happened in some cases.
Maybe trained staff (as well as Police) can be used for looking through a lot of the data so all the relevant parts can be then examined more carefully? That may give its own problems of course.

saaby93

Original Poster:

32,038 posts

178 months

Saturday 26th May 2018
quotequote all
Elroy Blue said:
'why did it take so long?' you ask.

If you've ever seen the amount of A4 sheets of information a single phone produces you might start to understand. It's like a volume of encyclopedia Britannica. Each Officer can be dealing with around 30 investigations and is expected to go through every piece of information for disclosure. It's an impossible task, more so now all the support departments have been axed due to budget cuts.
It's even worse if the send and receive are on separate pieces of paper and we saw how the meaning can change if a text is missed out of the sequence
What happens if theres a missing spoken conversation in between

Surely it's best to treat phone evidence as unreliable and also avoid taking one person's statement as gospel
otherwise that latest link can happen

Elroy Blue

8,687 posts

192 months

Saturday 26th May 2018
quotequote all
Fastpedeller said:
But surely that doesn't give a reason for 'selectively ignoring' some evidence, as has been shown to have happened in some cases.
Maybe trained staff (as well as Police) can be used for looking through a lot of the data so all the relevant parts can be then examined more carefully? That may give its own problems of course.
Once upon a time we had 'trained staff'. The Government making 35% cuts to Police budgets means we don't have them any more.

irocfan

40,433 posts

190 months

Saturday 26th May 2018
quotequote all
Elroy Blue said:
Once upon a time we had 'trained staff'. The Government making 35% cuts to Police budgets means we don't have them any more.
TBF though I seem to recall police crying about needing more, more, more since way back when - crying wolf for so long has finally bitten them (and us in all honesty) on the arse.

rscott

14,754 posts

191 months

Saturday 26th May 2018
quotequote all
saaby93 said:
Surely it's best to treat phone evidence as unreliable and also avoid taking one person's statement as gospel
otherwise that latest link can happen
If they treated phone evidence as unreliable, then the latest case wouldn't have collapsed..

saaby93

Original Poster:

32,038 posts

178 months

Saturday 26th May 2018
quotequote all
rscott said:
saaby93 said:
Surely it's best to treat phone evidence as unreliable and also avoid taking one person's statement as gospel
otherwise that latest link can happen
If they treated phone evidence as unreliable, then the latest case wouldn't have collapsed..
which is why there's a second half to it.

What evidence did they have that stood up so well until they found a few texts?
We cant rely on people being saved by a few texts on a phone here and there

Elroy Blue

8,687 posts

192 months

Saturday 26th May 2018
quotequote all
irocfan said:
TBF though I seem to recall police crying about needing more, more, more since way back when - crying wolf for so long has finally bitten them (and us in all honesty) on the arse.
You mean Theresa May accusing Police about 'crying wolf' on the effects of the cuts a few years ago. And everything that Police Officers said would happen, has. That crying wolf?
The Criminal Justice system is in meltdown. But feel free to keep sticking your head in the sand.

irocfan

40,433 posts

190 months

Saturday 26th May 2018
quotequote all
Elroy Blue said:
irocfan said:
TBF though I seem to recall police crying about needing more, more, more since way back when - crying wolf for so long has finally bitten them (and us in all honesty) on the arse.
You mean Theresa May accusing Police about 'crying wolf' on the effects of the cuts a few years ago. And everything that Police Officers said would happen, has. That crying wolf?
The Criminal Justice system is in meltdown. But feel free to keep sticking your head in the sand.
No - I'm not talking about TM, I'm talking in the 80's I recall complaints about police funding. And the 90's. And the 00's. In fact I'm not sure I have ever heard the police happy with the level of funding they have