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Rape trial collapses

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Rape trial collapses

Old 16th Dec 2017, 16:49
  #41 (permalink)  
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Not sure I buy the “overworked DC” line. The point is an individual took a decision to charge this man. If this wasn’t purposely witheld it really was very gross negligence.
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Old 16th Dec 2017, 17:02
  #42 (permalink)  
 
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Originally Posted by ShotOne View Post
Not sure I buy the “overworked DC” line. The point is an individual took a decision to charge this man. If this wasn’t purposely witheld it really was very gross negligence.
I don't buy it either, as the 40,000 messages from her phone had already been reviewed and some of them had apparently been presented as evidence for the prosecution earlier in the case.

That means that some cherry-picking of phone messages had already been undertaken by either the police or the CPS, most probably the former.

If true, then this is not just a lazy or over-worked DC not taking note of the messages from the accuser's phone, but perhaps a case of a deliberate attempt to both hide evidence from the defence and only use messages that supported the false claims of rape and sexual assault in the file sent to the CPS.
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Old 16th Dec 2017, 19:03
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This was certainly deliberate police witholding evidence, discount overworked detectives how much evidence was there, both parties statements, no physical evidence, no witnesses, his word against hers. Any experienced detective should have seen through her story, but of course that would not have been the result they wanted.

However, he was aware of her unusual messages why did he or his lawyer not make more of the importance of them much earlier. It is not normal for a woman to express her feelings in that way, this young inexperienced guy did not realise that she was unstable and that is why it's a waste of time going after her.

The dice are loaded against us guys
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Old 16th Dec 2017, 19:20
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According to what has been reported, Liam Allan asked his defence barrister to obtain the phone records, as he felt they would show he was innocent. He had lost/changed his phone and didn't have a copy of them. The police/CPS declared than the phone records thy had were not relevant to the defence and so were not disclosed.

Arguably the defence team should have pushed harder, but it seems that they took the police word that there were no more phone records to disclose. It was only when the prosecution barrister asked for all the records that disclosure to the defence team was forced.
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Old 16th Dec 2017, 19:50
  #45 (permalink)  
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Originally Posted by VP959 View Post
It was only when the prosecution barrister asked for all the records that disclosure to the defence team was forced.
Which shows what an honourable man he is.
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Old 16th Dec 2017, 20:38
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Originally Posted by G-CPTN View Post
Which shows what an honourable man he is.
It does indeed, but in my experience barristers are generally honourable and honest, it seems to me that it's solicitors that generally give the legal profession a bad name (although obviously not all of them, just a few).

Every barrister I've ever met has been a pretty decent individual, and I'd go so far as to say that they are one of the mainstays of our rather strained legal system. I'd also add that I believe that the CPS pays peanuts, so is extremely unlikely to attract the best. In fact I'd go further, and suggest that the cps may well end up employing lawyers that would be unemployable elsewhere..............
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Old 17th Dec 2017, 00:20
  #47 (permalink)  
 
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A prosecution lawyer is obliged to disclose any evidence he comes across which could prove the defendant innocent. A defence lawyer cannot disclose anything he comes across which could prove guilt.
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Old 17th Dec 2017, 00:55
  #48 (permalink)  
 
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And if she had deleted all those messages, then what?
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Old 17th Dec 2017, 01:19
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Originally Posted by Lantern10 View Post
And if she had deleted all those messages, then what?
Nothing is irretrievable, hence a CYCOMS application.
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Old 17th Dec 2017, 09:39
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We had something similar here a few years ago. One wonders why these cases go to trial.

Judge puts early end to rape case
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Old 18th Dec 2017, 17:32
  #51 (permalink)  
 
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One hopes that if he sues the police, and the CPS , he wins handsomely. Unless the complainant is 'a woman of straw', he should sue her, too. In such a case, can her name be withheld? Any lawyers here who could comment?
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Old 18th Dec 2017, 17:47
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From what has been reported, the moment she made the complaint her identity was protected for life, irrespective of the outcome of the trial. There seems to be no provision for lifting this right to anonymity, which in this case seems wholly wrong and most definitely not in the wider public interest.

Every man she ever meets has a right to know that she is capable of making serious false allegations that may well blight his life, so he has the choice to stay very well clear of her (if he has any sense).

Luckily her name is being covertly circulated around by a number of people who feel strongly that anonymity is not deserved in this case. However, doing this within the UK is against the law and attracts a pretty hefty sentence, I believe, so is not something to be undertaken lightly.

Last edited by VP959; 18th Dec 2017 at 21:01. Reason: typo
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Old 18th Dec 2017, 19:19
  #53 (permalink)  
 
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I read an article recently that 1 in 6 rape victim is male; and that's not taking about gay couples: it's about female doing the dirty on men, but we never hear abut them. Equality or what?
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Old 18th Dec 2017, 20:52
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Rat5

It has always got the mind boggling for me to work out how a man can be raped by a woman without being aroused by that woman and hence a willing partner ?
It just wouldn’t work and remain well ? Flat as a punctured tyre
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Old 18th Dec 2017, 21:14
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Originally Posted by RAT 5 View Post
I read an article recently that 1 in 6 rape victim is male; and that's not taking about gay couples: it's about female doing the dirty on men, but we never hear abut them. Equality or what?
Rape is one offence a woman cannot be arrested for as the offence requires penetration with a penis into a vagina, anus or mouth. A woman can do a s.2 assault by penetration but not a s.1 rape , so I think what you were referring to would be male rape. Male rape isn't purely a homosexual act by any means so both the victim and suspect can be straight.
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Old 19th Dec 2017, 00:45
  #56 (permalink)  
 
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Some what amused (not) that a woman can ruin a fellows reputation by making false claims and she not be subject to the laws encompassing libel or slander.
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Old 19th Dec 2017, 08:33
  #57 (permalink)  
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Rape is one offence a woman cannot be arrested for as the offence requires penetration with a penis into a vagina, anus or mouth. A woman can do a s.2 assault by penetration but not a s.1 rape
Possibly not where you come from Skydiver69, but here in South Australia only last week a Female Teacher was arrested and charged with the rape of a Male student.

That's all I can really say as the case is ongoing.
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Old 19th Dec 2017, 10:51
  #58 (permalink)  
 
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If a diplomat says yes, he means maybe. If he says maybe he means no. If he says no then he's not a diplomat.

If a lady says no, she means maybe. If she says maybe she means yes. If she says yes then she's not a lady.
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Old 19th Dec 2017, 14:57
  #59 (permalink)  
 
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Female Teacher was arrested and charged with the rape of a Male student
Presumably a sex ed class after hours tutoring.
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Old 19th Dec 2017, 21:37
  #60 (permalink)  
 
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There was the case of a woman who allegedly kidnaped and raped a Mormon missionary.

https://en.m.wikipedia.org/wiki/Morm...in_chains_case
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