Wednesday, 22 October 2014

Ched and Oscar - contrasting justice systems

My local free paper finally has a story it can get his teeth into – the ongoing saga of Ched Evans the Rhyl-based footballer convicted of rape.  The paper – The Journal – is in a quandary because it is being forced to report the story even-evenhandedly (for a change).  Usually it simply quotes verbatim the acid comments of some crusty old judge as he sentences another victim to several years in the pokey.

Because of the fuss being made by Sheffield United fans and Ched’s family, friends and supporters and the enquiry by the Criminal Cases Review Commission, it has become necessary to tell both sides of this story with a degree of accuracy and less sensationalism.

In my last post I compared the Ched Evans case with that of Oscar Pistorius.  Since then, Oscar has been sentenced to a five years prison sentence, though, apparently, only 10 months is likely actually to be spent in prison.

It is worth comparing and contrasting these cases.  In one, the accused denied the allegation, there was no evidence but he was convicted and sentenced to five years, two-and-a-half years spent in prison.  In the second, the accused admitted he killed a woman, was sentenced to five years but will only serve 10 months in prison.

The British have been accused (by an ex-prison governor) of being a nation of ‘incarcerholics’; the judges and juries get their rocks off by imprisoning people.  Apart from the somewhat unpleasant tendency of the British public to wish others ill, it is worth examining the role of the judges in cases where juries are asked to make a determination when there is little or no hard evidence available.

We are slipping into a situation where the legal profession is inclined to give undue weight to inference and supposition over hard fact.  Furthermore, judges are becoming the ‘spin doctors’ of the justice system, tailoring their summing up to the likelihood that it might be included as a sound bite on the evening’s news.

It should be remembered that juries, those 12 men and women dragged off the street, are amateurs and are too easily swayed by what a malevolent old judge might say.  There is no freedom of speech in a courtroom.  Quite the opposite, in fact.  Protocol, the judge and the barristers control everything.  Frequently, for the convenience of the system, more is left unsaid than is said.  Worse still, the prosecution, the judge and the police control access to what evidence there may be.

In the end, the job of the judge is to act as upholder of the system (not protector of the accused) and if the system is flawed, as the criminal justice system undoubtedly is, that means covering up those flaws and ‘bigging-up’ that system.  As I mentioned in my previous post, the members of jury were not present at the scene of the crime (if indeed there was a crime).  Unfortunately, in this country the population is so accustomed to bowing and scraping to royalty, the aristocracy and power in general, that they do not have the gumption to make up their own minds.  It is, therefore, all too easy for an experienced judge to lead a gullible, servile and under-educated bunch of jurors by their collective noses.

Ched Evans may be a rat.  Who knows?  It should be remembered, however, that he is only a ‘criminal’ because a bunch of people who know little or nothing have had their prejudices gold-plated by the summing up of judge whose duty it is to add gravitas to prejudice.

Saturday, 18 October 2014

Rape, footballers, athletes and unlawful killing

Female hysteria and the chattering classes are jumping on the Ched Evans bandwagon.  He is the footballer (who has a home in North Wales but plays for Sheffield United) who was convicted and jailed for rape.

It worth taking a moment to consider what this conviction for rape actually means.  In his case he was having a boozy night out with one of his mates when he met a girl who was equally 'merry' and had consumed more than a little alcohol.  They socialised for a while and then at some point there was a tacit agreement to go back to his place.  It is true that he did not produce a clipboard and pen and request authority to have intercourse in writing and have said document duly witnessed.  It was more of a nudge-nudge-wink-wink thing.

His lady friend, at some point the following day, having sobered up somewhat and having no recollection (she claims) how she came to be in his bed, made an allegation of rape.

To cut a long story short, a jury of twelve men and women (who were not present on the night) decided he was guilty of rape on the basis of assertions made by the prosecution barrister (who was also not present on the night).  The woman involved freely admits she cannot remember whether she was asked or gave her consent to having sex.  In other words, she may have consented.

The jury, it would seem, has taken the view that Ched should have been sufficiently schooled in medicine and psychiatry and sufficiently sober himself to form the considered opinion that the woman was too intoxicated to make an informed judgment.

As their verdict was unanimous the jury must have decided at some point that the woman bore no responsibility for remaining in control of her actions.  Think about how this view would be reversed if she had driven her car home in that state.

In South Africa, meanwhile, a man who has been found guilty of shooting to death his partner is being treated to a trial within a trial where the state mulls whether he should be imprisoned or merely fined a sum of money. You cannot imagine this discussion taking place in the good old UK.  A man has killed a woman who lived with him in his house with a gun and the debate rages as to whether he should face prison.

The people whose knee-jerk reaction is to vilify Ched Evans because he has, arbitrarily, been labelled a rapist might consider the degree to which local opinion and rigid mindset influences law.

The law is not an absolute.  It is the outcome of a combination of changing public opinion, hypocrisy, manipulation and hysteria.

Links: The Cannabis Cover up (how the government manipulates public opinion and law to achieve policy aims)

Ched Evans


Wednesday, 15 October 2014

Bent British justice system and its love of money

Rebekah Brooks’ husband Charlie has lost his bid to recover the £600,000 in legal fees he incurred as a result of being a co-defendant in the phone-hacking trial.

Mr Justice Saunders ruled he was “satisfied that the defendants’ conduct brought suspicion on themselves and misled the prosecution into thinking that the case against them was stronger than it was”.

Brooks, a racehorse trainer, was acquitted along with his wife and Kuttner in June after a marathon eight-month trial.

In a statement Charlie Brooks said: “At least on a racecourse, when you back a winner the bookmakers pay you.”

“I am quite satisfied that Mr Brooks brought suspicion on himself and others,”  said the judge.

The trial jury heard that Brooks had decided not to answer questions during his police interview on advice from his lawyers.  Judge Saunders said solicitors frequently give this advice, but noted that they “do not know the truth”.  He went on to note: “Mr Brooks knew that he was entirely innocent."

So there you have it: if you are fingered by the police, go to court and lose, you pay your legal costs and that of the government.  If, however, you are entirely innocent but the government forces are "suspicious" - to quote the judge - when you win, you still cannot recover your costs from the government.

Mr Brooker, it would seem, "aroused suspicion" by taking advantage of his right to remain silent and thus requiring the police to make any case against him.

Bent or what?

Friday, 10 October 2014

Police hack mobile phone calls automatically

British police now access information from mobile phone companies automatically.  The government pays the salaries of staff working for the major mobile phone companies in order to ensure the smooth handover of data.
Policed now use a simple on-line form to demand the phone records of anyone who crosses their path.  Not even senior police officers are required to vet the demand for information.  Police have been making so many requests (demands) for information regarding citizen's phone calls that the mobile phone companies have had to develop software to automate the transfer of information.


Thursday, 9 October 2014

The Cannabis Cover up

Everything remotely connected with government is a scam.  We know it and they know you know.
86% of the British public believe they are being lied to by the politicians, spin merchants and civil servants.
A previous Home Secretary says “the Metropolitan Police are institutionally dishonest.”
Three Crime and Police Commissioners are being or have been investigated for criminal conduct though none have been prosecuted.
A Chief of Police says “Some of my officers are so dishonest that if they worked for a supermarket they would be fired.”
Barristers who prosecute “drug criminals” are found to be snorting cocaine in the lavatories at Crown Courts.

This is a corrupt little island from the top down.  Everyone is lying; everyone is covering up for their mates in case they, in turn, are ratted upon.
New laws are created based on racism and Nazi principals and sections of the public applaud.
The police set up shop fronts to encourage kids to steal so they can arrest them.
Britain’s second largest bank continually breaks the laws, rigs prices and defrauds customers yet no one ever is arrested, let alone gets sent to prison.
Britain is described as “the most rigid and rotten society in the world”.  Barristers and Law Lords describe policy making as “a source of shame – akin to the worst regimes of the 20th Century".
It makes you proud to be British.

Read a fraction of the truth in “The Cannabis Cover Up” on Amazon, price £2.99.


Friday, 29 August 2014

Another week, another cover-up, another scandal.

The police in South Yorkshire have been accused of trying to undermine and ridicule the complaints of systematic abuse reported to them by scores of boys and girls.

It is not generally understood that the police have wide discretion as to what they investigate and what they choose not to.  They will collude with their chums in the Crown Prosecution Service to prosecute well-known TV and radio celebrities because the publicity that results serves to frighten and cow the general public and 'bigs-up' the powers of the police.

When it comes to checking on those closer to home – fellow officers, local councillors and the army of faceless bureaucrats who scratch each other’s backs in local and national government while carving-up the generous funding 'initiatives' - there is, to say the least, considerable reluctance.

A new report by the inspectorate of spending states “The force's public protection unit, which investigates child abuse, domestic violence and sex crimes, spent too long trying to disprove the claims of victims rather than simply recording the potential crime and investigating afterwards” and it goes on to say “attempts to manipulate the force's crime figures are not new.”

Jack Straw, a past Home Secretary, described the Metropolitan police as not only institutionally racist but institutionally corrupt.  If he got out and about more he might discover that it is not just the London police.

But let's not allow those other creeps off the hook - those who have set themselves up as superior to the rest of us and claimed the right to govern, control and pass laws over us.  As far back the 1990s Rotherham council staff raided their own child protection department in order to remove the files of hundreds of children in their care who had made allegations of sexual abuse.  This was to undermine a report due to be compiled in 2000.


Wednesday, 27 August 2014

Cannabis: does more good than harm

Leading psychiatrist and mental health advocate Patrick McGorry has commented that one part of the drug was showing promise as an anti-psychotic medicine.

Australian of the Year, Professor Patrick McGorry says one part of cannabis is showing promise as an anti-psychotic medicine.

The director of Orygen Youth Health Research Centre and 2010 Australian of the year said while tetrahydrocannabinol (THC) in cannabis was widely thought to be dangerous and increase the risk of psychosis in about 10 per cent to 20 per cent of people, another component - cannabidiol (CBD) - appeared to relieve psychosis, depression and anxiety.

The director of the University of NSW's National Cannabis Prevention and Information Centre described CBD as a 'very interesting part of the complex cannabis chemistry' that does not get people stoned, but rather appears to balance the effects of THC, which makes some people anxious.

She also said 'there was a small, but growing number of studies suggesting CBD relieved psychosis, anxiety and insomnia, and that her team was trialling it in about 10 people withdrawing from cannabis use to see if it helped them through the process.'

In July, market researchers, Reach tel, conducted a survey of more than 3,000 Australians asking them the question : Do you support the legislation of cannabis for medicinal purposes?

The majority would support the move at 65.9 percent, 14.4 percent said they would oppose the legislation and 19.7 percent were undecided on the issue. 

More on this story in the Daily Mail.