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Ched Evans (1 Viewer)

  • Thread starter Gint11
  • Start date Jun 22, 2015
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Sick Boy

Super Moderator
  • Oct 12, 2015
  • #596
ccfc92 said:
But you've said he is guilty? So why wait until they decide?
Click to expand...

Erm...He is guilty? Why is it so hard to understand? It isn't like he has had a retrial, he is still guilty and a scumbag to boot.

#prayforched
 

Nick

Administrator
  • Apr 21, 2016
  • #597
Looks like he has won his appeal

http://www.mirror.co.uk/news/uk-news/ched-evans-rape-appeal-live-7801371

It says his conviction has been "quashed".

Does that mean the conviction is wiped clean, but he faces re-trial to see if he is cleared / gets a new conviction?
 
C

CCFC88

Well-Known Member
  • Apr 21, 2016
  • #598
From reading it his conviction has been quashed due to new evidence being presented, faces a retrail but you would expect if there is enough evidence to quash his initial sentence then he is in a string position to get an innocent verdict in his retrial.
 

Nick

Administrator
  • Apr 21, 2016
  • #599
They cant say what the evidence is yet though.
 

Bumberclart

Well-Known Member
  • Apr 21, 2016
  • #600
This is one of those cases where I've always felt there was more to the story. A copper friend of mine told me that the evidence against him was quite weak, and he's seen many cases dropped with far more incriminating facts in the past.
Not saying he's innocent, but there is something not quite right.
 
R

rupert_bear

Well-Known Member
  • Apr 21, 2016
  • #601
This whole Ched Evans issue ois lesson to all, especially mega rich young footballers. Keep it in your trousers. Laying wild oats here, there and everywhere is full of risk and danger.
 

Nick

Administrator
  • Apr 21, 2016
  • #602
What happens if he gets found not guilty in the retrial?

Surely he will try and take action for damages? Is that then down to the courts to pay?
 

Terry Gibson's perm

Well-Known Member
  • Apr 21, 2016
  • #603
Nick said:
What happens if he gets found not guilty in the retrial?

Surely he will try and take action for damages? Is that then down to the courts to pay?
Click to expand...

If he is found not guilty there will be a few people who should be made to say sorry people like that Jessica Ennis, whatever happens he comes out of this badly as he did have a partner at home when he was off out miss-behaving.
 

Nick

Administrator
  • Apr 21, 2016
  • #604
Terry Gibson's perm said:
If he is found not guilty there will be a few people who should be made to say sorry people like that Jessica Ennis, whatever happens he comes out of this badly as he did have a partner at home when he was off out miss-behaving.
Click to expand...

Oh yeah of course if it was just sex it was wrong anyway but not illegal.

IF he is totally cleared, what then happens to the victim? Obviously it doesn't automatically then class her as a liar unless the evidence proves she was lying does it.

If the judges have seen this evidence as enough to clear his conviction for a retrial, surely it is strong evidence? I guess it is just down to the jury then.

Will it be the tax payer paying his loss of earnings, compensation for prison etc?
 

Terry Gibson's perm

Well-Known Member
  • Apr 21, 2016
  • #605
Nick said:
Oh yeah of course if it was just sex it was wrong anyway but not illegal.

IF he is totally cleared, what then happens to the victim?

If the judges have seen this evidence as enough to clear his conviction for a retrial, surely it is strong evidence? I guess it is just down to the jury then.
Click to expand...

If he is found not guilty I guess she stops being a victim for a start.

He must have good evidence to have got to this stage, he will be due something for loss of earnings (which could be huge) also his character has been damaged (maybe he should speak to the Sisu lawyers!)
 

Nick

Administrator
  • Apr 21, 2016
  • #606
Yeah, I read they can't disclose the evidence as it could effect his retrial.

I wonder if clubs will then sign him up.
 
O

OffenhamSkyBlue

Well-Known Member
  • Apr 21, 2016
  • #607
IF the new jury finds the new evidence compelling (which is why the Court of Appeal has ordered a retrial), and find him not guilty, it would be possible for him to issue a civil claim against his accuser for defamation. However, the burden of proof in a civil case is "on the balance of probabilities" (i.e. a better than 50:50 chance of being right), rather than "beyond reasonable doubt", which is why people who claim to have been wronged in some way, but the CPS decide not to prosecute (and even sometimes if they do, but the accused is acquitted), take civil action, as they stand a better chance of being found to be right. They also get the compensation from a civil court, rather than the pleasure of seeing the accused being imprisoned or fined (which won't always end up with the victim).
 

Terry Gibson's perm

Well-Known Member
  • Apr 21, 2016
  • #608
Nick said:
Yeah, I read they can't disclose the evidence as it could effect his retrial.

I wonder if clubs will then sign him up.
Click to expand...

After the retrial if the result goes his way I would think so, as he is then not guilty of rape but guilty of being a bit naughty and silly. His problem is he has been away from the game for a long time it took Marlon a good time to get back up to speed
 
O

OffenhamSkyBlue

Well-Known Member
  • Apr 21, 2016
  • #609
Nick said:
Yeah, I read they can't disclose the evidence as it could effect his retrial.

I wonder if clubs will then sign him up.
Click to expand...

He is effectively currently at the stage of having been charged and awaiting trial. As in the case of Adam Johnson, any club that didn't at least suspend him would be pilloried if he is later convicted.
 
O

OffenhamSkyBlue

Well-Known Member
  • Apr 21, 2016
  • #610
Terry Gibson's perm said:
After the retrial if the result goes his way I would think so, as he is then not guilty of rape but guilty of being a bit naughty and silly. His problem is he has been away from the game for a long time it took Marlon a good time to get back up to speed
Click to expand...

Difference being, of course, that Marlon King WAS convicted. It may turn out that Evans is not. But players who have supposedly been training all the while can find it tough to get up to speed (e.g. Joe Cole, Peter Ramage, Darius Henderson, etc etc)
 

Nick

Administrator
  • Apr 21, 2016
  • #611
OffenhamSkyBlue said:
He is effectively currently at the stage of having been charged and awaiting trial. As in the case of Adam Johnson, any club that didn't at least suspend him would be pilloried if he is later convicted.
Click to expand...

So at the minute he isn't convicted of anything?
 

Nick

Administrator
  • Apr 21, 2016
  • #612
OffenhamSkyBlue said:
Difference being, of course, that Marlon King WAS convicted. It may turn out that Evans is not. But players who have supposedly been training all the while can find it tough to get up to speed (e.g. Joe Cole, Peter Ramage, Darius Henderson, etc etc)
Click to expand...

If it is 2 months away for his trial, just in time for pre season if innocent I'd guess.
 

ajsccfc

Well-Known Member
  • Apr 21, 2016
  • #613
Jessica Ennis would have nothing to apologise for, she wanted her name disassociated with the club if it signed a convicted rapist. The conviction being quashed is not really on her at all.
 
O

OffenhamSkyBlue

Well-Known Member
  • Apr 21, 2016
  • #614
The order from the Court of Appeal stated that he must be "re-arraigned" on the charge of rape within two months. Whether that is the date of his trial, or of the first committal (timetabling) hearing, I don't know. While his bail under the Court of Appeal order is unconditional, I don't know whether the next court could remand him in custody pending the trial.

But no, he isn't convicted currently
 
S

skybluesam66

Well-Known Member
  • Apr 21, 2016
  • #615
Just because he may be proved not guilty - for anybody who has read even his confession - he is certainly not innocent
 
S

skybluesam66

Well-Known Member
  • Apr 21, 2016
  • #616
http://www.dailymail.co.uk/news/art...er-Ched-Evans-rape-conviction-overturned.html

now overturned conviction!!
 

Otis

Well-Known Member
  • Apr 21, 2016
  • #617
Really interesting reading back through this entire thread.

I wonder if some might now wish to edit or reflect upon their posts a tad.

As was said repeatedly over eleventy biliion pages, he had appealed and we needed to wait to see what this new evidence was.

The evidence was submitted, accepted, and now the conviction HAS been quashed!

Now we need to see what happens at the retrial.
 

Earlsdon_Skyblue1

Well-Known Member
  • Apr 21, 2016
  • #618
I looked into this intensively back when it was all coming out. As someone who has studied law and policing, this case just didn't make any sense. Rape is a hideous crime committed by the lowest of the low, but I've always said that this was one of those that was different. You get false allegations made all the time, but this wasn't even a straight forward example of that either. More somewhere in the middle...

I'm more surprised that this has been quashed, not because I believe he wasn't innocent, but more because it was obvious he was being made an example of.

The whole thing stinks, and while he is a complete idiot, this was never as black and white as the burning torch brigade were making out. Will be interesting to see the outcome of the retrial, and what this extra evidence is. The thing is though, this extra evidence probably should never have been needed in the first place.
 

Norman Binns

Well-Known Member
  • Apr 21, 2016
  • #619
skybluesam66 said:
Just because he may be proved not guilty - for anybody who has read even his confession - he is certainly not innocent
Click to expand...

Not innocent of what? Having sex with a floozy? If that's the case it must make most men guilty of rape and reflecting on my youth, I myself must be a serial rapist. Unless of course you've led an extremely sad and sheltered life.
 

Grendel

Well-Known Member
  • Apr 21, 2016
  • #620
Norman Binns said:
Not innocent of what? Having sex with a floozy? If that's the case it must make most men guilty of rape and reflecting on my youth, I myself must be a serial rapist. Unless of course you've led an extremely sad and sheltered life.
Click to expand...

Neanderthal ill informed tripe like this and the lynch mob mentality persued by Evans and his thuggish cohorts is why women raped are too intimidated to give evidence.
 

Nick

Administrator
  • Apr 21, 2016
  • #621
Reading back, it says only 3% of the appeals get heard and the rest thrown out straight away. So it got past that and then got the conviction quashed.

It must be quite strong evidence surely?

Even after his re-trial if completely cleared, he will still be called a Rapist and I doubt many people who were so angry about it and him will change their views.
 

Nick

Administrator
  • Apr 21, 2016
  • #622
Grendel said:
Neanderthal ill informed tripe like this and the lynch mob mentality persued by Evans and his thuggish cohorts is why women raped are too intimidated to give evidence.
Click to expand...

But if it wasn't rape, you can understand why he would be a bit annoyed? I have no idea what evidence has been found, but it must be strong surely?

People have gone on about him refusing to apologise, showing no remorse about it even after serving his time.

He may well be found to be guilty again, but what happens if innocent?
 

Otis

Well-Known Member
  • Apr 21, 2016
  • #623
Nick said:
But if it wasn't rape, you can understand why he would be a bit annoyed? I have no idea what evidence has been found, but it must be strong surely?

People have gone on about him refusing to apologise, showing no remorse about it even after serving his time.

He may well be found to be guilty again, but what happens if innocent?
Click to expand...
Exactly what I kept saying all along. The review board must have seen new evidence of such a degree that it warranted an appeal and then obviously it must be strong enough to have caused the conviction to be quashed.

Be very interesting now to see what the defence is in the retrial.
 
O

OffenhamSkyBlue

Well-Known Member
  • Apr 21, 2016
  • #624
What it does say is that the original trial did not reach an unsound verdict based on the evidence with which they were presented, but that there is now something more. That will doubtless come out in the wash, but no matter what the outcome, the identity of the "victim" (sic) will never be revealed by the courts. Which is wrong if it is a false accusation. The alternative to revealing the name of the victim at any point (which will probably inhibit women from coming forward and reporting rape and similar offences, including domestic abuse) is to keep the identity of the accused secret until he has been convicted. Equality works both ways.
 

Paxman II

Well-Known Member
  • Apr 21, 2016
  • #625
What ever the reason there is clearly some damming new evidence. We all surmised on the story but the truth was we were not there we only went on reports and we couldn't possibly know the truth. A jury of his peers convicted him originally. How much of that was due to so much castigation of a 'footballer' and perhaps less attention to facts? Or maybe it was the correct decision based on the evidence in the trial? The issue now is 'new evidence' and it's strong enough to overturn the original conviction which is very rare indeed.

Personal thoughts are not what you convict people on. Evidence and ultimate proof is what matters. As Otis says there are a lot on here who had him hung drawn and quartered. He might yet be found guilty but if it were you and you consistently said you were innocent and now you had the chance to prove all over again how would you feel? If ultimately after a new trial he is innocent then many people owe him an apology and I would admire him for standing up consistently for himself. If however he is again proven guilty then I guess most people will feel justified. The 'victim' is still protected. I can't help feeling that if he is ultimately innocent she may face charges.

On the legal front it's very complicated. New evidence could mean many things but looking at the precedents for retrial: it may be based on numerous things such as interference and intimidation of witnesses and jurors, perverting the course of justice, aiding, abetting, counselling,procuring, suborning or inciting another person to commit an offence under the perjury act.
So unlikely a new video or tape recording is the new evidence but what the prosecution and the witness evidence given at the original trial. In other words someone has been found out to have lied.
 

Otis

Well-Known Member
  • Apr 21, 2016
  • #626
My thinking too, pax.
 

Nick

Administrator
  • Apr 21, 2016
  • #627
OffenhamSkyBlue said:
What it does say is that the original trial did not reach an unsound verdict based on the evidence with which they were presented, but that there is now something more. That will doubtless come out in the wash, but no matter what the outcome, the identity of the "victim" (sic) will never be revealed by the courts. Which is wrong if it is a false accusation. The alternative to revealing the name of the victim at any point (which will probably inhibit women from coming forward and reporting rape and similar offences, including domestic abuse) is to keep the identity of the accused secret until he has been convicted. Equality works both ways.
Click to expand...

That would be best wouldn't it? To save ruining people's lives with false claims.
 

Nick

Administrator
  • Apr 21, 2016
  • #628
Paxman II said:
What ever the reason there is clearly some damming new evidence. We all surmised on the story but the truth was we were not there we only went on reports and we couldn't possibly know the truth. A jury of his peers convicted him originally. How much of that was due to so much castigation of a 'footballer' and perhaps less attention to facts? Or maybe it was the correct decision based on the evidence in the trial? The issue now is 'new evidence' and it's strong enough to overturn the original conviction which is very rare indeed.

Personal thoughts are not what you convict people on. Evidence and ultimate proof is what matters. As Otis says there are a lot on here who had him hung drawn and quartered. He might yet be found guilty but if it were you and you consistently said you were innocent and now you had the chance to prove all over again how would you feel? If ultimately after a new trial he is innocent then many people owe him an apology and I would admire him for standing up consistently for himself. If however he is again proven guilty then I guess most people will feel justified. The 'victim' is still protected. I can't help feeling that if he is ultimately innocent she may face charges.

On the legal front it's very complicated. New evidence could mean many things but looking at the precedents for retrial: it may be based on numerous things such as interference and intimidation of witnesses and jurors, perverting the course of justice, aiding, abetting, counselling,procuring, suborning or inciting another person to commit an offence under the perjury act.
So unlikely a new video or tape recording is the new evidence but what the prosecution and the witness evidence given at the original trial. In other words someone has been found out to have lied.
Click to expand...

I wonder if any of this evidence is stuff from Twitter she was meant to have posted.
 

Otis

Well-Known Member
  • Apr 21, 2016
  • #629
Nick said:
I wonder if any of this evidence is stuff from Twitter she was meant to have posted.
Click to expand...
Maybe. Guess it will all come out soon enough won't it.
 
O

OffenhamSkyBlue

Well-Known Member
  • Apr 21, 2016
  • #630
Nick said:
That would be best wouldn't it? To save ruining people's lives with false claims.
Click to expand...
Keeping it out of the press and social media might be more of a challenge, mind you!
 
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