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Ched Evans wins High Court appeal


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PistoldPete2
6 minutes ago, YouRams said:

My understanding is the court was hearing the evidence to decide if it can go to retrial for him to clear his name. If he's found not guilty at retrial his name is cleared, if he is found guilty it will remain on his record but he's already served his sentence.

Well yes except that the court of appeal could have simply quashed the conviction without ordering a retrial, but chose not to. As I say I'm not sure that can be in the interests of any party... Could it still be open for the prosecuting authorities to withdraw the case rather than subject everyone to another trial? Anyway as things stand he is innocent as the conviction has been quashed. 

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3 minutes ago, ramsbottom said:

Surely since he's already been convicted it's the other way around?

As with all these incidents, you have to respect his girlfriend sticking by his bank balance through all of this.  What a strong role model she is for other women...

She's from a wealthy family anyway. Her dad has stumped up a decent amount for Chedney's legal fees.

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1 minute ago, ladyram said:

Jesus. Just the fact that hed been with another woman - rape or not - would have been enough to send him packing. Imo.

Maybe they had an open relationship? 

Unlikely, sure, but there are plenty of reasons why this wouldn't be relationship ending for many. 

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1 minute ago, PistoldPete2 said:

Well yes except that the court of appeal could have simply quashed the conviction without ordering a retrial, but chose not to. As I say I'm not sure that can be in the interests of any party... Could it still be open for the prosecuting authorities to withdraw the case rather than subject everyone to another trial? Anyway as things stand he is innocent as the conviction has been quashed. 

Could be delaying the inevitable just to save the police / courts blushes for a while longer. The evidence must be strong to get a retrial, I think if the case wasn't so high profile it would have just been quashed without one.

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PistoldPete2
4 minutes ago, ladyram said:

Jesus. Just the fact that hed been with another woman - rape or not - would have been enough to send him packing. Imo.

Maybe he has qualities that are not apparent to you or me. Love is blind they say. Maybe he doesn't deserve her , but neither does he deserve to be imprsioned and lose his livelihood and the best years of a Young athletes life for a crime he did not commit. 

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At this point he is innocent and awaiting to go on trial. The charge has not been confirmed and he is on unconditional bail.

The retrial has order as the judge believes the evidence needs to be tested, and there is a case to answer.

Why has it taken so long for this new evidence to be found.....

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19 minutes ago, PistoldPete2 said:

Maybe he has qualities that are not apparent to you or me. Love is blind they say. Maybe he doesn't deserve her , but neither does he deserve to be imprsioned and lose his livelihood and the best years of a Young athletes life for a crime he did not commit. 

Well if he does have qualities, and I daresay he may have a few - being faithful was not one of them in this case. 

But I agree with your other statement, if he really is innocent of rape, then no, he shouldn't be punished for that.

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38 minutes ago, PistoldPete2 said:

Maybe he has qualities that are not apparent to you or me. Love is blind they say. Maybe he doesn't deserve her , but neither does he deserve to be imprsioned and lose his livelihood and the best years of a Young athletes life for a crime he did not commit. 

We don't know what the new evidence is yet. I'll wait for the retrial verdict. At the minute he is accused of rape.

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If he is found innocent in the re-trial, should there not be repercussions for the girl who he slept with? She would have taken his career away from him. For many 'rapist' is still the master status he will have. The stigma will still cause a resistance from a group of fans from any club, should that club look to sign him.

For me, from the start it has seemed like a girl had too much to drink, did something she may not usually do and in the shame/embarrassment cried rape. Obviously I could be totally wrong, but (and that's a big but), if he is innocent, the girl should be held seriously accountable.

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PistoldPete2
4 minutes ago, Kernow said:

If he is found innocent in the re-trial, should there not be repercussions for the girl who he slept with? She would have taken his career away from him. For many 'rapist' is still the master status he will have. The stigma will still cause a resistance from a group of fans from any club, should that club look to sign him.

For me, from the start it has seemed like a girl had too much to drink, did something she may not usually do and in the shame/embarrassment cried rape. Obviously I could be totally wrong, but (and that's a big but), if he is innocent, the girl should be held seriously accountable.

We don't know. She may quite genuinely have had no memory of the events from the night in question. That doesn't mean he is guilty of rape. He couldn't for example have known she would lose her memory , if indeed she did. It could quite simply be a no blame event although probably both have a lot of cause to regret the events of that night. 

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Just now, PistoldPete2 said:

We don't know. She may quite genuinely have had no memory of the events from the night in question. That doesn't mean he is guilty of rape. He couldn't for example have known she would lose her memory , if indeed she did. It could quite simply be a no blame event although probably both have a lot of cause to regret the events of that night. 

If you don't remember you can't call rape surely? I can't see an explanation from the victim in court of "I can't remember your honour" resulting in a guilty conviction.

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22 minutes ago, Kernow said:

If he is found innocent in the re-trial, should there not be repercussions for the girl who he slept with? She would have taken his career away from him. For many 'rapist' is still the master status he will have. The stigma will still cause a resistance from a group of fans from any club, should that club look to sign him.

For me, from the start it has seemed like a girl had too much to drink, did something she may not usually do and in the shame/embarrassment cried rape. Obviously I could be totally wrong, but (and that's a big but), if he is innocent, the girl should be held seriously accountable.

The court made the decisions based on the evidence presented. If anyone has fabricated evidence then that should be treated with utmost seriousness. If not and an innocent verdict is given based on new evidence alone I can't see how that can be held against anyone (except possibly the jury).

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8 minutes ago, Mostyn6 said:

the conviction should never have stood on the foolish grounds that a woman is not responsible for her actions when she's gotten herself drunk, yet a man has to face the consequences regardless.

But that's the law. Stupid but you can't not apply it. It needs amending or scrapping.

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2 minutes ago, GboroRam said:

But that's the law. Stupid but you can't not apply it. It needs amending or scrapping.

it isn't the law, simply it was subjective as to whether she was even drunk, let alone incapable of consent. For it to be law, there'd have to be a measurable level of drunkeness..

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17 minutes ago, Mostyn6 said:

it isn't the law, simply it was subjective as to whether she was even drunk, let alone incapable of consent. For it to be law, there'd have to be a measurable level of drunkeness..

And surely that's why we have a judge and jury - to objectively weigh up the evidence and make a decision. Pretty sure that the law says it's rape if she is too drunk to consent. Jury decides if she has reached that level.

I don't think you can argue that there's no law - people are in prison because of it. Ched was one of them.

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