Ched Evans

Laughing said:
Which is why I said she was blameless and never led him on nor seeked attention, quite the opposite. The entire case painted the CPS in a vey poor light.

Apologies if this offends anyone, just after the case I was in sheffield for a meet up with Martin Simpson and a bar maid in the local described the alleged victim as "wanting spit roasting and getting it". I don't agree with her sentiments but does, to a degree, illustrate peoples attitudes to the case.

Proving his guilt was a fools errand and was based on a very limited interpretation of the law.

Evans didn't come out of the appeal with any integrity intact, just his freedom restored and a payday.
Click to expand...
Agreed. (y)
 
So many decent players in that list - never mind the Prem and others from leagues 3 / 4 / National League.
A "buyers market" this summer.
Good for the Boro. (y)
 
Laughing said:
just his freedom restored
Click to expand...
He was already free, wasn't he? Or was very close to it. It was his reputation he wanted clearing.

Laughing said:
The entire case painted the CPS in a vey poor light.
Click to expand...
I see no reason to assume the CPS acted in bad faith at any stage. If there was a high chance of conviction then they were right to pursue the case. The fact the first jury returned a guilty verdict shows that the burden of proof (at that time) was enough to convict. The judge wouldn't have allowed it otherwise.

The appeal was based on new evidence (around the woman's previous sexual behaviour) that wasn't available in the first trial.
 
He was still in jail scrote. The CPS were shown in a bad light because they used elements of rape guilt and in totality it was almost impossible to prove a rape had occurred. Even the alleged victim didn't pursue a charge. I don't know but I assume that the CPS were hoping that they would get a conviction despite lack of evidence.
 
Laughing said:
He was still in jail scrote.
Click to expand...
He was released on licence. I'm assuming that means he wasn't in jail?

Laughing said:
The CPS were shown in a bad light because they used elements of rape guilt and in totality it was almost impossible to prove a rape had occurred. Even the alleged victim didn't pursue a charge. I don't know but I assume that the CPS were hoping that they would get a conviction despite lack of evidence.
Click to expand...
That's just factually incorrect though.

If it was impossible to prove a rape had occurred then the orignal jury would have been directed as such by the judge. After reviewing the evidence they found guilt beyond reasonable doubt. That is a very high bar.

The CPS have a variety of duties. There is a whole raft of guidance which the CPS are obliged to follow. Are you suggesting they should turn a blind eye to potential rape and/or domestic violence if the victim is too scared to lodge a formal complaint or withdraws a complaint after lodging it?
 
Scrote said:
He was released on licence. I'm assuming that means he wasn't in jail?


That's just factually incorrect though.

If it was impossible to prove a rape had occurred then the orignal jury would have been directed as such by the judge. After reviewing the evidence they found guilt beyond reasonable doubt. That is a very high bar.

The CPS have a variety of duties. There is a whole raft of guidance which the CPS are obliged to follow. Are you suggesting they should turn a blind eye to potential rape and/or domestic violence if the victim is too scared to lodge a formal complaint or withdraws a complaint after lodging it?
Click to expand...
Clearly its not a high bar at all, given the decision was reversed on appeal. I wasn't aware he was out on license at the time of the appeal, still not free though.

On the subject of the CPS being shown in a bad light.. The alleged victim was persuaded into testifying, she didn't want to. She never reported a crime other than a missing handbag, as I recall.

There are elements of rape which are less clear than others, for example was force used? Clearly an indication of rape. The elements the CPS used to bring the prosecution were less clear, shall we say. Their case was largely built around the fact that clear consent was never given. It was a poor show from the CPS.

Whilst Evans never covered himself in glory it was always going to be impossible to prove rape beyond a reasonable doubt. Evans lawyers in the first trial had to pay Evans 800 grand for ineffective counsel. He was never guilty of rape in my opinion and I said so at the time. If I could see that so should the CPS.
 
I'm sure Ched Evans will put in a shift and try his best to impress but is this really the best we can do as far as showing a real ambition to get promoted next season? I'm sorry but I am seriously underwhelmed by this. There has to be better targets than him? Is it going to be yet another pre season of top names being banded around by the local press, and ending up with second rate signings? I apologise for my skepticism but we have been here before have we not?
 
Mountain Climber said:
I'm sure Ched Evans will put in a shift and try his best to impress but is this really the best we can do as far as showing a real ambition to get promoted next season? I'm sorry but I am seriously underwhelmed by this. There has to be better targets than him? Is it going to be yet another pre season of top names being banded around by the local press, and ending up with second rate signings? I apologise for my skepticism but we have been here before have we not?
Click to expand...

It's not the local press, it's Alan Nixon of the Sun.

He's largely proved clueless when it comes to Middlesbrough signings so I hope that's the case here too.
 
Laughing said:
Clearly its not a high bar at all, given the decision was reversed on appeal. I wasn't aware he was out on license at the time of the appeal, still not free though.

On the subject of the CPS being shown in a bad light.. The alleged victim was persuaded into testifying, she didn't want to. She never reported a crime other than a missing handbag, as I recall.

There are elements of rape which are less clear than others, for example was force used? Clearly an indication of rape. The elements the CPS used to bring the prosecution were less clear, shall we say. Their case was largely built around the fact that clear consent was never given. It was a poor show from the CPS.

Whilst Evans never covered himself in glory it was always going to be impossible to prove rape beyond a reasonable doubt. Evans lawyers in the first trial had to pay Evans 800 grand for ineffective counsel. He was never guilty of rape in my opinion and I said so at the time. If I could see that so should the CPS.
Click to expand...
It was reveresed on appeal due to new evidence. Had that evidence not surfaced (and been accepted as relevant sexual baehavior stuff as mentioned in the Secret Barrister blog) then the appeal would have been dismissed. Again.

There has never been any suggestion that the original jury came to the wrong conclusion with the evidence they saw at the time.

There are no levels of rape in UK law. Consent is either given, implied or expressly not given. Proof of the former would dismiss any possibility of a trial. Proving the latter would presumably lead to a guilty plea in most cases. The middle ground is where trials come in - how do you prove a lack of implied consent - which is the barrier to conviction. It is a very high bar.

Laughing said:
Whilst Evans never covered himself in glory it was always going to be impossible to prove rape beyond a reasonable doubt.
Click to expand...
The jury in the original case convicted Evans because the proof was shown to be beyond reasonable doubt given the evidence at that trial.
 
Mountain Climber said:
I'm sure Ched Evans will put in a shift and try his best to impress but is this really the best we can do as far as showing a real ambition to get promoted next season? I'm sorry but I am seriously underwhelmed by this. There has to be better targets than him? Is it going to be yet another pre season of top names being banded around by the local press, and ending up with second rate signings? I apologise for my skepticism but we have been here before have we not?
Click to expand...
Like who ? We don't have any money ? Who do you think we could sign Harry Kane ?? Get in the real MFC world....
 
The fact of everyone is talking about the rape suggests its probably not worth it. I imagine it was the same with PNE fans.

He's been proved not guilty yet its going to be stuck with him forever. I imagine even when he stops playing and going for another job. What happens if he applys for a job coaching or teaching? I'm sure people will still be saying 'isn't that the guy who got sent down for rape?'.

It's one of those things any bloke will never shake off. This conversation will be going on with every message board of clubs he's linked with.

I remember Jessica Innes saying she would remove her name from the stand at Sheff UTD if they resigned him. I'm yet to her here apologies once he was equited.

I'm not sure how fans will react. Its probably had it easier at PNE as no fans. Then again he probably got it at Fleetwood and I'm sure he's used too it and thick skinned.
 
Scrote said:
It was reveresed on appeal due to new evidence. Had that evidence not surfaced (and been accepted as relevant sexual baehavior stuff as mentioned in the Secret Barrister blog) then the appeal would have been dismissed. Again.

There has never been any suggestion that the original jury came to the wrong conclusion with the evidence they saw at the time.

There are no levels of rape in UK law. Consent is either given, implied or expressly not given. Proof of the former would dismiss any possibility of a trial. Proving the latter would presumably lead to a guilty plea in most cases. The middle ground is where trials come in - how do you prove a lack of implied consent - which is the barrier to conviction. It is a very high bar.


The jury in the original case convicted Evans because the proof was shown to be beyond reasonable doubt given the evidence at that trial.
Click to expand...
You have your opinion, but that doesn't explain why Evans defence team paid him 800,000 for ineffective counsel. The evidence was never compelling. On the day he was convicted I was on here saying he was never guilty. This is not revisionism, there was never the evidence to convict him. In part it was his defence team, but the CPS should never have brought the case. They were relying on the supporting elements of rape and none of the major elements. \It was a bad conviction and the jury got it wrong. it really is that simple. I read the entire court transcript at the time so I am not going to argue with you. You are, of course entitled to you opinion.
 
Scrote said:
Why should she apologise when his actions are not those you want to associate with a role-model?

She was perfeclty within her rights to disassociate her image from his.
Click to expand...
Posted earlier:
thesecretbarrister.com

10 myths busted about the Ched Evans case

Footballer Ched Evans was today acquitted after a retrial of one count of rape. The jury at Cardiff Crown Court returned a unanimous verdict of not guilty, Mr Evans’ solicitor read out a stat…
thesecretbarrister.com thesecretbarrister.com
 
Laughing said:
It was a bad conviction and the jury got it wrong.
Click to expand...
So why didn't he appeal against wrongful conviction then (or more to the point, why wasn't he allowed)?

His appeal was on the grounds of new evidence.

I'm not suggesting the new evidence was flawed or that what Evans did was rape (given the new evidence). However, the original conviction was considered sound, at the time.
 
You must log in or register to reply here.
Back
Top