Agree with the sentiment of this, although he's not been found innocent yet. That will be determined at the trial. We can consider him as being innocent at this moment but thats not the same as being cleared of the charges.
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The need to prove guilt is a fundamental pillar of British law. you cannot say someone is a rapist until they are proved innocent or every male in the country would be one. Everyone is presumed innocent until found guilty by a Jury of his peers. In this case a dodgy verdict has been overturned by an appeal court. Until the retrial takes place he is innocent.
I think the appeal court justices went for a retrial so that with the new evidence he can be formally acquitted. If the CPS goes to retrial and says it has no new prosecution evidence then the 'Innocent" verdict will be a formality to clear his name.
Until that happens (or not) you cannot say anyone is an 'Un-convicted' anything. You are talking bollox.
The only 2 offences I know of where you need to prove your innocence are Vagrancy and carrying an offensive weapon. The former of these 2 charges is about 800 years old and is one of the oldest statute laws in England and Wales
This is spot on!
Also it is very difficult to get a guilty verdict overturned. Once overturned, the CPS must look at the new evidence provided and decide whether or not they have a more than 50% chance of getting a guilty verdict and thus risk huge sums of public money a new court case would cost. Bearing in mind that a court of appeal (3 senior judges) have already decided that the new evidence provided is enough to quash the first verdict.
if it goes to retrial, what judge is going to look at the new evidence and not throw it out? his superior appeal court judges have already decided it makes the first verdict unsafe hence its going to be a brave judge to go against a superior courts opinion regarding evidence
Exactly. A jury sat through days of evidence and found him guilty. As always, people who have read a few internet articles know best.
Today they've simply said new evidence is available. He stands accused of one of the most serious crimes and we'll have to see what the new jury make of it.
I've read the transcript of the original trial, I provided a link on ccmb a few weeks back, and the huge amount of information on Ched's own website.
http://chedevans.com/
Great news. The police and CPS have a lot to answer for in this case.
Hopefully it won't deter genuine victims of rape coming forward in the future.
Yes the jury sat through days of evidence and found him guilty. However new evidence has been produced, which after 2 days of deliberation with the appeal court judges and prosecution, they have now quashed the first verdict, most probably because the new evidence makes it likely that he did not commit rape. For the appeal court judges to make this decision, they must be convinced he did not commit the offence of rape. As I said earlier, it is very rare for the appeal court to overturn a guilty verdict
The police come out of this looking like idiots. This was their baby, they crafted the whole case from a girl saying she 'couldn't remember' how she ended up in the hotel room.
I haven't said this is great and fantastic news, however I am pleased that a verdict that was at best dubious, has been overturned. If there is a retrial, I would expect Ched Evans to be found not guilty of rape.
As for whether he is a "low life" or not is a different matter. By being unfaithful to his partner, that clearly shows a lack of morals. However this may have been a one off and for which he has paid, and will continue to pay, a heavy price.
I done know, and have never met, Ched Evans, however I know someone who does. He has said that Evans is nothing like the person that has been portrayed by the media and, whilst not condoning what he did, said that he is a really nice bloke.
Will the CPS take this on again ? ? ? if the appeal court overturned the ruling of the previous court due to new evidence, then surely it will be a waste of time ( and tax payers money ) to take the case back to court ? ? ?
I think if you read my post you will see that I didn't quote you as saying that word. I was merely making the point that if he, or any of us are not convicted then we are innocent, not having to 'prove' we didn't do anything.
Whilst I'm having a shout, I think, but anyone better informed can correct me, that there are a couple of points some may have forgotten or be unaware of.
I believe that it was a judicial body that appealed against the conviction, not Evans, or at least not only Evans.
Again, open to correction, but during the initial breaking of this story I understood that the Police began a rape enquirey without any complaint, and that in itself is not usual. Rape is a personal offence, like many others, and without a complaint normally there would be no investigation.
Finally I think another offence which deems it a requirement to prove innocence is "Going equipped for stealing". as a 'for-instance' a carpet fitter stopped and searched by Police on his way home from work at 5.30 PM and found with a hooked-bladed Stanley Knife on his person might reasonably be acquitted of this offence but if the same thing occurred when he was out in his 'whistle' on a Saturday night he would have to prove just cause for carrying it.
Then again as he would also be carrying a cock he might be a rapist who has not yet been proven innocent. :facepalm::getscoat:
"Until that happens (or not) you cannot say anyone is an 'Un-convicted' anything. You are talking bollox."
So I'll asssume you weren't talking about me directly in either sentence :hehe:
I don't think what you're saying there is strictly true, because when someone is on trial (i.e. before they are convicted) they are still innocent but also trying to prove their innocence.
Anyway, I'll make my point for the last time. He hasn't yet been found innocent; from what the appeal court said, there will be a retrial (although if what others have said is true then there may not be. I don't know). I agree with what you're saying on innocent until proven guilty, what I'm talking about is the word found, hence I don't think you understood where I was coming from. We're at the stage we were at when it first went to court. There is no 'found' anything yet.
Also, mr snaggle, you're giving examples of proving innocence to the police, but surely every time someone is in court they are trying to prove their innocence. The defence counsel doesn't sit there crossing their fingers, they try to prove why the defendant didn't do it. I'm sure there's some legalese technical speak where it can be argued they're disproving the other side, or something, but if you're a defendant you go in trying to show/prove you're innocent.
That's if there IS a retrial. They have 2 months to formerly indict Evans again. As of now the conviction is quashed in so far as he is innocent, full stop.
To charge him again and retry this the CPS will have to consider new evidence we are not aware of and almost certainly is based on the 'missing facebook posts'.
If the new evidence is strong enough CPS will have to consider the cost of a retrial against Evans' future civil case for damages.
I think this will get dropped quietly just before the indictment is required.
Lots of red faces on here with no apologies I suspect.
Why is he a scumbag? He had consensual sex with a woman and went to prison whilst his mate (black) was not even tried. This stinks of establishment against 'rich young footballers'. He cheated on his Mrs and she forgave him and stuck by him throughout.
Who the **** are you? The Pope? A vicar? Batman?
The man is at this very moment legally innocent. You're contradicting yourself and don't even realise it. If he WAS a scumbag rapist in your opinion then you had to base that opinion on law. That same law now says he is NOT a rapist. You see your predicament here don't you oh Holy One.
Another trial would be costly for both sides and I'm not sure what it would achieve. If he is found guilty, he can't be punished again.
I don't think you can really argue another trial would be fair now given the amount of publicity about this either.
I suspect both sides might want to drop this. Or perhaps Mr Evans might want to pursue various parties for damages if they can show malice.
Not sure if you are on the wind up here and just playing stupid
you do not need to be found innocent
His conviction was quashed, so it was 100% wrong and in the eyes of the law it did not happen
So he doesnt need to be found Innocent now, he is Innocent
He may face another trial, but with the new evidence the CPS will have to look at it all again and decide to proceed or not
I think first and foremost Ched Evans wants to clear his name