Rover the Top wrote:Evans has been granted an appeal based on new evidence that could help his defence.
Gibbon wrote:I think the only thing most us will agree on is that regardless of innocence or guilt Ched Evans seems to be a blithering idiot.
Ched Evans
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Gibbon
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Re: Ched Evans
Re: Ched Evans
Ched Evans has conviction for rape quashed by Court of Appeal in London, but will face a new trial.
The ex-Wales international was jailed in 2012 for raping a 19-year-old at Premier Inn near Rhyl, Denbighshire.
The former Sheffield United, Manchester City and Norwich player was released from jail in October 2014 after serving half of his five-year term.
Mr Evans, 27, has always denied raping the woman.
He has not been signed by a new club since his release from prison.
His case was referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC), which investigates possible miscarriages of justice in England, Wales and Northern Ireland, after new evidence emerged.
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mrblackbat
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Re: Ched Evans
Will be very interesting to see what happens should the new trial rule a not guilty verdict (and given the system that goes into appeals for retrials/verdict changes, it would suggest there is compelling enough evidence that this would be a serious consideration, otherwise they usually just don't bother).
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Gibbon
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Re: Ched Evans
If he's found not guilty I'd imagine the prosecution will shortly be facing a hefty loss of earnings/damages case.
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mrblackbat
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Re: Ched Evans
I think it will extend beyond the prosecution.
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Gibbon
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Re: Ched Evans
Yes. Plaintiff is the word I was looking for. Or do you mean there'll be people liable beyond that?
I don't think Sheffield Utd can be blamed for releasing him once he was found guilty...but arguably his club has a case against the plaintiff too.
I don't think Sheffield Utd can be blamed for releasing him once he was found guilty...but arguably his club has a case against the plaintiff too.
Re: Ched Evans
complainant I think... but unlikely... there is no money there.Gibbon wrote:Yes. Plaintiff is the word I was looking for. Or do you mean there'll be people liable beyond that?
I don't think Sheffield Utd can be blamed for releasing him once he was found guilty...but arguably his club has a case against the plaintiff too.
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Rover the Top
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Re: Ched Evans
I don't think it was? As far as I'm aware that's (old) terminology for someone bringing a civil action to court. This was a criminal case, so I'm not sure who you mean should be liable?Gibbon wrote:Yes. Plaintiff is the word I was looking for.
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Gibbon
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Re: Ched Evans
Apparently Plaintiff is accurate in most english speaking countries - but not England where we use Claimant.
As it was a criminal prosecution then I imagine the person vulnerable to prosecution would be whoever is deemed to have lied to secure conviction.
As it was a criminal prosecution then I imagine the person vulnerable to prosecution would be whoever is deemed to have lied to secure conviction.
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Rover the Top
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Re: Ched Evans
Well no, because it's not a civil action? It's a criminal case, the prosecutor brought the case, so you were probably right the first time. But then it's a jump from saying a conviction is unsafe to saying the prosecution are liable for the consequences of an unsafe conviction. Even more to say an alleged victim or key witness is responsible.Gibbon wrote:Apparently Plaintiff is accurate in most english speaking countries - but not England where we use Claimant.
Did anyone lie? It would be nice to believe the justice system can only fail with a deliberate act to pervert the course of justice, but unfortunately life isn't that straight forward.As it was a criminal prosecution then I imagine the person vulnerable to prosecution would be whoever is deemed to have lied to secure conviction.
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Gibbon
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Re: Ched Evans
Fair enough, but if it's found that anybody has given false evidence or testimony - if this has been the stumbling block directly responsible for the overturned conviction, then I would expect them to be liable.
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Rover the Top
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Re: Ched Evans
Well, perjury is a crime. I'm not sure if you can also be sued for it though?
I think more of a consideration is where those who've actively tried (and succeeded) in preventing him resume his career stand.
I think more of a consideration is where those who've actively tried (and succeeded) in preventing him resume his career stand.
Re: Ched Evans
The lady in question didn't complain to the police of course - she said she had no memory of the incident. It was just a prosecution brought by the CPS
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mrblackbat
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Re: Ched Evans
I'm thinking more some of the public figures that openly suggested he shouldn't be allowed to enter employment.Gibbon wrote: Or do you mean there'll be people liable beyond that?