2nd appeal for Ched?

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cooperblade

cooperblade

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Press Release 18/10/2013
Ched Evans Continues His Fight for Justice and to Clear His Name
The long journey to clear Ched’s name starts a new chapter with the instruction of a new legal team.

Liberton Investigations, a specialist investigations company, headed by ex- senior detective Russ Whitfield have been working on behalf of Ched and his family reinvestigating the prosecution case and the North Wales Police enquiry. Mr Whitfield says ‘Having reviewed this case and caused further enquiries to be made, I have some investigative concerns about the conviction. It appears some aspects of the case that were relevant to Ched’s defence may not have been fully explored pre-trial" .

A recent media appeal was made by Ched’s family and friends asking for witnesses to come forward.

David Emanuel of Garden Court Chambers, Lincoln’s Inn Field, London, has been instructed to consider all the papers including possible fresh evidence with a view to making an application to the Criminal Cases Review Commission.

There is real hope that this will lead to a further appeal.

David Emanuel is a leading appeals lawyer with an outstanding reputation for Court of Appeal work and a successful record of CCRC applications.

The family of Ched would like to thank members of the public for their continued assistance and messages of support
.
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Garden Court is a well known lefty radical set of chambers. My firm uses them a lot.

To be honest, I wouldn't hold out much hope of another appeal unless some amazingly new evidence comes along. It would have to be something like the complainant being recorded telling someone else that the sex with CE was consensual.

I don't blame CE for giving it a go and he obviously has lots of money to throw at it, but I suspect he has been told success is unlikely.
 
Darren said:
Garden Court is a well known lefty radical set of chambers. My firm uses them a lot.

To be honest, I wouldn't hold out much hope of another appeal unless some amazingly new evidence comes along. It would have to be something like the complainant being recorded telling someone else that the sex with CE was consensual.

I don't blame CE for giving it a go and he obviously has lots of money to throw at it, but I suspect he has been told success is unlikely.
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What about a verdict of 'unsafe'
Does that apply in England?
Is there any evidence of the girl's previous behaviour in these kind of things, and is it admissable after a verdict has elapsed for this amount of time?
 
Zanzibar said:
What about a verdict of 'unsafe'
Does that apply in England?
Is there any evidence of the girl's previous behaviour in these kind of things, and is it admissable after a verdict has elapsed for this amount of time?
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He's had an appeal when he tried to argue that the conviction was "unsafe". That appeal was thrown out at the first stage.

His only hope now is to find some stunning new evidence that will persuade the Criminal Cases Review Commission to refer the case back to the Court of Appeal. It's rather unlikely.

I am not sure what you mean by "previous behaviour", but if you mean allegations that she was somewhat free with her favours, that would never be admissible.
 
Darren said:
I am not sure what you mean by "previous behaviour", but if you mean allegations that she was somewhat free with her favours, that would never be admissible.
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Whether it should be is a different matter...
 
SellyOakBlade said:
Whether it should be is a different matter...
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Reform was needed as it was a common tactic in the old days for defence lawyers to completely tear the complainant to shreds by discussing in great detail her past sexual behaviour on the basis that if you have had sex with a few blokes, you will obviously have sex with anyone. It was well known that that happened and genuine rape victims were deterred from coming forward because they knew that would happen.

Where it did get slightyly ludicrous was where you weren't even allowed to ask questions about the complainant's past sexual behaviour with the Defendant - it was inadmissible to even put to the complianant that she had had a past consensual sexual relationship with the Defendant on the basis that if you have had consensual sex with someone in the past you are more likely to have had consensuals sex with them, if such questioning was trying to show that she did consent on that occasion.

The Sexual Offences Act 2003 was clear that you couldn't do that, but the Court of Appeal got round it in one case by holding that such questioning was permissible if it's purpose was to show that the Defendant reasonably believed the Complainant was consenting. So they got it in by the back door, as it were.
 
Darren said:
The Sexual Offences Act 2003 was clear that you couldn't do that, but the Court of Appeal got round it in one case by holding that such questioning was permissible if it's purpose was to show that the Defendant reasonably believed the Complainant was consenting. So they got it in by the back door, as it were.
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And thats where I think it could be important.

Clearly past behaiviour doesn`t show that someone did or did not consent.

However past behaiviour may surely cause a defendant to reasonably beleive that the victim was consenting.
 
SellyOakBlade said:
And thats where I think it could be important.

Clearly past behaiviour doesn`t show that someone did or did not consent.

However past behaiviour may surely cause a defendant to reasonably beleive that the victim was consenting.
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But the crux is "reasonably". It's not reasonable to believe that "x is a right slag, and the fact that she is saying "no" now is just her playing hard to get, it's well known she will shag anyone". Hence questioning her about her past sexual behaviour with other people should be inadmissible.
 
Darren said:
But the crux is "reasonably". It's not reasonable to believe that "x is a right slag, and the fact that she is saying "no" now is just her playing hard to get, it's well known she will shag anyone". Hence questioning her about her past sexual behaviour with other people should be inadmissible.
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What about the previous claim for rape against the 3 rugby players?
 
sheffielder said:
What about the previous claim for rape against the 3 rugby players?
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If there was a previous false allegation made by a complainant that would be admissible. If you are suggesting there was one in Ched's case, I am sure it would have been used in Court if it existed.
 
SotonBlade said:
Yet another boring, Ched Thread....leave it FFS! It's done!
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To be fair, it's a bit of relief from the "Latest odds", "Oh, no not him", "seen him in the car park", "Could it be him" and "who should it be" threads that are in abundance (and are now quarterly standards with our current revolving door policy).
 



Grecian2000 said:
To be fair, it's a bit of relief from the "Latest odds", "Oh, no not him", "seen him in the car park", "Could it be him" and "who should it be" threads that are in abundance (and are now quarterly standards with our current revolving door policy).
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It sort of is and it's sort of a new fresh hell.

No Wins > New Manager > Ched > No Wins > New Manager > Ched......

It would be lovely to chat about a great goal or team performance again :(

Suppose its the wrong place at the moment...

Mind you, I think we're going to enthusiastically tear Port Vale several new ones.
 
Amazing a girl has sex with more than 1 bloke she's a slapper , a bloke does it good on your kid , he's had his trial , appeal { several ? } let it go Blades , how much longer we going to keep questioning her sexual past , she may be all of what you say but in a court of law you can't say that , to me its a bit like saying , Stanny , Darren's , and my own favourite Matt B's avatar's {she's fucking gorgeous } , that the girl's / women are asking for it because of there pose's and if it happens to them it's there own fault , surprised at some of this thinking by normally intelligent folk . By the way Darren did the club give you permission to use our hotel for photo's like that , us being a family club. ;)
 
dublin 10 blade said:
Amazing a girl has sex with more than 1 bloke she's a slapper , a bloke does it good on your kid , he's had his trial , appeal { several ? } let it go Blades , how much longer we going to keep questioning her sexual past , she may be all of what you say but in a court of law you can't say that , to me its a bit like saying , Stanny , Darren's , and my own favourite Matt B's avatar's {she's fucking gorgeous } , that the girl's / women are asking for it because of there pose's and if it happens to them it's there own fault , surprised at some of this thinking by normally intelligent folk . By the way Darren did the club give you permission to use our hotel for photo's like that , us being a family club. ;)
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What's wrong with the pic? Just a fully clothed woman having a rest......
 
I think the phrase is called "kicking the arse out of it"

By the time he's finished appealing he'll be out anyway!
 
SotonBlade said:
I think the phrase is called "kicking the arse out of it"

By the time he's finished appealing he'll be out anyway!
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He'll be out in a year, but will still be on the sexual offenders' register, not to mention having the lifelong stigma.

I am sure he will keep trying for as long as he can...
 



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