buncha wankas Posted January 17, 2023 Share Posted January 17, 2023 9 hours ago, wrighty said: In cases such as this, are there ever any legal consequences for the police or prosecutors? Allowing someone to have this hanging over them for 4 years, and then turn up in court to say “sorry, we have nothing, he just looked like a wrong ‘un” is surely criminal? Obviously we don’t know the full story, but come on! The worst thing in any accusation by the police is a lot of people have to admit guilt even when innocent or face financial ruin and years of legal process. 2 Quote Link to comment Share on other sites More sharing options...
Expat. Posted January 17, 2023 Share Posted January 17, 2023 On 1/16/2023 at 3:25 PM, Numbnuts said: How does this even happen !?? . I know nothing about this person or the charges levelled against him. So far as I understand the court mechanics the media piece reporting it is confusing at best. Charges can be 'dropped' before they are filed with the court. Once they are filed the hearing will be held and they may be 'dismissed', as they were here, because the prosecution couldn't offer any evidence to support them. The prosecution may not offer evidence for a variety of reasons such as they've lost it, new evidence emerges that undermines it, the evidence was illegally gathered or they just can't be arsed pursuing the case. The evidence is gathered by the plod and submitted to whatever you have that serves as a Crown Prosecution Service who decide that the evidence is good enough to be tested, and it is in the public interest to have it tested in court. The man who was charged with this/these offence(s) appears to have been very badly treated, especially if the charge continues to lie on file or could appear in future searches about him. He may have the right to appeal against the dismissal of the charges so that he can go on to be acquitted of them. 1 Quote Link to comment Share on other sites More sharing options...
FANDL Posted January 17, 2023 Share Posted January 17, 2023 5 minutes ago, Expat. said: The man who was charged with this/these offence(s) appears to have been very badly treated, especially if the charge continues to lie on file or could appear in future searches about him. He may have the right to appeal against the dismissal of the charges so that he can go on to be acquitted of them. Not least to be charged, and to be required to appear in court, for possessing indecent images of children you would have at least expected a person to have actually been caught in possession of indecent images of children. It seems they can’t produce any evidence, despite it going to court, that he actually possessed said images. You have to wonder how it ever came to court in the lack of any tangible evidence? Quote Link to comment Share on other sites More sharing options...
AOR Posted January 17, 2023 Share Posted January 17, 2023 (edited) 8 hours ago, paswt said: invoked a ban and deleted the post ( see posts removed in relation to RTA involving a motorcyclist @ Hillberry) but that won't happen because he's not rich or important enough. It was a bit more than a ban and a deleted post. It was a whole forum deleted/extinguished Edited January 17, 2023 by AOR Quote Link to comment Share on other sites More sharing options...
Thereisnt Posted January 21, 2023 Share Posted January 21, 2023 On 1/17/2023 at 1:17 PM, WTF said: the witch finder general is often a wizard. Indeed so. There is of course, a distinct and not so subtle difference between ‘a wizard’ and a pedophile.. Quote Link to comment Share on other sites More sharing options...
John Wright Posted January 21, 2023 Share Posted January 21, 2023 On 1/17/2023 at 9:36 PM, Expat. said: The man who was charged with this/these offence(s) appears to have been very badly treated, especially if the charge continues to lie on file or could appear in future searches about him. He may have the right to appeal against the dismissal of the charges so that he can go on to be acquitted of them. Just to be clear, dismissal means exactly that. The charges have been thrown out. They don’t lie on file. There’s nothing to appeal against. Remember, the rule is innocent until proved guilty. You don’t need a not guilty verdict. The only way he could be acquitted is if the prosecution had continued, there was a trial, with all attendant publicity, and then a formal not guilty verdict. Ive no idea what happened here. But indecent images is a minefield. It’s hard to judge. Recently represented someone at HQ in a suspected indecent images case. Two of them, that’s all. When, eventually, the images were shown to me and client my reaction was “why are we here”. They weren’t sexual, or nude. Most family albums would have had worse. Sent by the victim to my client, unsolicited. Clearly marked as to source. But police were convinced enough to arrest and question. If they’d shared in advance Id have gone to the custody officer to request de arrest and reversal of authorisation of detention. If refused I’d have challenged to an independent ( of custody and the investigation ) inspector. 2 4 Quote Link to comment Share on other sites More sharing options...
Shake me up Judy Posted January 21, 2023 Share Posted January 21, 2023 I wonder how many similar cases like the one you've described have ended in conviction. My guess is too many. 3 Quote Link to comment Share on other sites More sharing options...
John Wright Posted January 21, 2023 Share Posted January 21, 2023 53 minutes ago, Shake me up Judy said: I wonder how many similar cases like the one you've described have ended in conviction. My guess is too many. Shouldn't result in conviction. Duty Advocate at interview should raise. AG's Prosecutions should review before authorising charges Advocate after charge should challenge prosecution and oppose committal If all that fails it's a not guilty plea and the jury has to decide if the pics are indecent. 2 Quote Link to comment Share on other sites More sharing options...
Thereisnt Posted January 21, 2023 Share Posted January 21, 2023 1 hour ago, John Wright said: Shouldn't result in conviction. Duty Advocate at interview should raise. AG's Prosecutions should review before authorising charges Advocate after charge should challenge prosecution and oppose committal If all that fails it's a not guilty plea and the jury has to decide if the pics are indecent. I see what you're doing. You're another who knew full well about that stuff.. 1 Quote Link to comment Share on other sites More sharing options...
Apple Posted January 21, 2023 Share Posted January 21, 2023 It's sometimes very difficult to tell exactly who is on the right side of the law or who is interpreting it properly. Worrying. Quote Link to comment Share on other sites More sharing options...
Shake me up Judy Posted January 21, 2023 Share Posted January 21, 2023 As we saw in some very high profile cases across, the police too easily become a lynch mob posse, chasing the innocent and tipping off the Press for backhanders. That has happened on the Island before too, during the anti-gay witch hunts of the '70s and '80s under a puritanical and bigoted Establishment. They need to have real evidence and a case that can stand up in court before they hound innocent people and wreck their lives. 3 3 Quote Link to comment Share on other sites More sharing options...
Kopek Posted January 21, 2023 Share Posted January 21, 2023 It wasn't just the 'Establishment' who were 'puritanical and bigoted' back then. We've come a long way! 1 Quote Link to comment Share on other sites More sharing options...
WTF Posted January 21, 2023 Share Posted January 21, 2023 54 minutes ago, Kopek said: It wasn't just the 'Establishment' who were 'puritanical and bigoted' back then. We've come a long way! most people have. 1 Quote Link to comment Share on other sites More sharing options...
Passing Time Posted January 21, 2023 Author Share Posted January 21, 2023 12 hours ago, John Wright said: Shouldn't result in conviction. Duty Advocate at interview should raise. AG's Prosecutions should review before authorising charges Advocate after charge should challenge prosecution and oppose committal If all that fails it's a not guilty plea and the jury has to decide if the pics are indecent. There lies the problem Quote Link to comment Share on other sites More sharing options...
BriceAzibix Posted January 25, 2023 Share Posted January 25, 2023 (edited) I fully believe in the presumption of innocence. Until the guilt of a person is proven, he cannot be accused of anything. I have a very good example. My acquaintance is a military man and a couple of months ago he was accused of sexual misconduct. And the worst thing is that a lot of people believed in his guilt. But he understood that these were false accusations and began to look for ways out of this situation. He came across a site ucmjdefense.com and read that he urgently needed to hire a lawyer and sue. And thanks to a good lawyer, he managed to prove his guilt. So the presumption of innocence works! Edited January 29, 2023 by BriceAzibix 1 Quote Link to comment Share on other sites More sharing options...
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