All,
Forgive my intrusion from the civil side, I've been following this thread for a while and just wish to clarify something.
Mr Heathrow Harry -
I just want to clarify something in your last post.
The Public Prosecution Service (PPS - Northern Irelands equivalent of the Crown Prosecution Service) will subject any case received by them for consideration for two tests:-
1. Evidential test - is there sufficient evidence?
2. Public Interest test - is it in the public interest to prosecute?
As stated, there has to be sufficient evidence first of all.
Your statement "and you don't have to believe without a shadow of doubt" needs clarifying - do you mean in the decision to bring a case? Or to convict?
There is a certain percentage mark used by the PPS to determine if a case proceeds to court, if it does not reach this mark it means there is no realistic prospect of conviction.
In this instance the PPS, having considered the evidential and public interest tests, must have come to the conclusion that there is a case to answer.
This case, if it follows standard procedure in Northern Ireland, will first be listed in a Magistrates Court. Somewhere along the line a Preliminary Enquiry (P.E.) will be held in this court to determine if there is a prima facie case or not. It is determined that there is, the case will then be transferred to Crown Court.
The burden of proof in both Magistrates and Crown Courts is "beyond all reasonable doubt" - you VERY much have to believe a defendant is guilty before they can be convicted; if there is a reasonable doubt in the eyes of the jury, then the defendant cannot be convicted.
Only Civil Courts, use the burden of proof of "balance of probabilities." Typically, this could refer to a civil claim arising from a road traffic collision, in which case a Court could state that Party "A" was 35% to blame for the RTC, and Party "B" was 65% to blame for the RTC and apportion the compensation, or whatever, accordingly.
Criminal Courts only use "beyond all reasonable doubt" - which is much, much, higher.
Basically, what I am saying is that the show is not over until the slightly rotund lady sings....
While emotions may be running high, it is a time for cool minds and strong hearts - and for the MOD to engage some competent QC's.
All the best.
P.S. You had mentioned Lord Ziplock and "Diplock" Courts rather disparagingly a few posts back.
This needs to be seen in perspective - although "Diplock" Courts are now generally regarded as being discredited, they were used in a time and place when literally hundreds of people were being killed Northern Ireland EVERY year.
"Diplock" system was brought in to stop terrorists interferring, intimidating or killing (yes, killing) the jurors involved in terrorist cases.
Rant over!