In reply to fred99:
How does the defence know who to approach ?
The Prosecution advertises who the accused is, sometimes on national television, inviting all and sundry to come up with something extra to add onto their agenda. Furthermore they have the Police Force at their beck and call.
However the Defence can apparently only go around making discreet enquiries, and would have to employ a private detective or similar.
The proviso being that publication of the name comes after charge. IE the CPS have reviewed the evidence in that specific case and consider that it is sufficient for a realistic prospect of conviction.
It is not the police job to search out evidence for the suspect beyond that which he identifies in his defence, or which comes to light otherwise during the investigation.
And as an advance reply to off-duty, from what I've observed over the last 40 years, PC Plod in general has absolutely NO interest in finding out what ACTUALLY happened, but only in digging up dirt to help the prosecution, and this does include deliberately ignoring witnesses who would help the Defence.
This is done quite simply by not actually taking any statement off "unhelpful" witnesses, therefore there's nothing in the file that the Prosecution has to hand over to the Defence.
I don't know your experience over the last 40 years - but I know that I have spent a considerable amount of my service taking alibi statements, tracking down CCTV and similar enquiries to exonerate suspects. Surprisingly enough, very few of them have actually been exonerated. It's amazing how many alibi witnesses don't realise that the suspect "was" with them when they are interviewed prior to the suspect's release from custody.
As as has been mentioned there is an obligation under CPIA to pursue reasonable lines of enquiry. Reasonable being dependant on the specific circumstances. It is not the investigators responsibility to explore every possible defence that might hypothetically be put forward.
In this case it was a matter of drunkeness and consent. As a sexual offence then, as is normal, the previous sexual behaviour of the victim is not a reasonable line of enquiry - unless there was some specificity to it that might be revealing.
That is drunkeness and consent on that specific night. If there was evidence that she was an alcoholic, had a memory disorder, had made false claims - in fact if there was anything in her medical, social services or other history, it would have been collated gathered, and more oftne than not handed straight over to the defence.
As - despite your experience - I have seen happen repeatedly, resulting in CPS refusing to charge offenders.
But it appears that her claim that she obviously had a spiked drink BECAUSE she couldn't remember is an out and out lie.
She had a history of drinking, bonking, and not being able to remember.
She did not tell the truth on the stand in court - I make this Perjury.
It's not perjury.
In court, one is supposed to tell the truth, the whole truth, and nothing but the truth.
It is obvious that her history of "selective amnesia" was not brought up in the original court case, and has led to the acquittal in the retrial, as her amnesia was originally blamed on a spiked drink - an obviously horrendous state of affairs, but which never happened.
That might have led towards the acquittal, however it wasn't why the new evidence was admitted and the suggestion that it was rather highlights the dangers of allowing this new evidence in to the trial.
Now she knew about this. The question I'd like to ask is; Did the Prosecution team ??
One of two options would explain this omission;
1) She kept it quiet, and it was eventually found out after considerable investigation by Evans' legal team.
Again. It is not relevant evidence.
2) The Prosecution team knew about it and kept it quiet. But someone on/near said team found out about the non-disclosure and spilled the beans to the Defence AFTER the original court case.
Why discuss this when you aren't grasping the legal issues, either with the first case, the appeal court case, or the final case.
In case 1, she's guilty of some measure of lying - and in the worst case that has to be regarded as Perjury.
In case 2, she's an innocent victim - of the legal system - and someone really should be dealt with for it.
?? She woke up in a strange hotel room, in her own urine, with no recollection of the night before.
That's not quite the same as claims (by defence witnesses) that she said to them in the morning that she couldn't remember having had sex with them.
Considering how quickly Evans' girlfriend and her father were behind him regarding an Appeal, I would go with case 2.
Their motivations are interesting. But unless you know them personally I wouldn't want to draw conclusions - as they would be nothing more than one (of many possible) opinions.
I would also suggest that she really needs to sort out her drinking if it affects her so badly and so regularly - who knows what might happen in the future.
Yes. Because if someone is vulnerable because they are drunk, then they should just accept it if they get raped...
No comment on Ched's (or Clayton's) behaviour? I guess it's reasonable to trawl nightclubs and streets looking for drunken girls at 4am in the morning.
Post edited at 23:21