Cali Beach Attack in Cheltenham

[jts46]

Excellent result

 

[Amarillo]

Excellent result

Not for the poor woman probably now languishing on remand for murder.


Follow my blog: www.au-revoir.eu

 

[Borris]

I've always been a strong believer in karma but that's extreme uber karma with knobs on. What had he done to that girl to reap that reward I wonder?

As for the arson result, I have to say that I'm not in the slightest bit surprised. As previously mentioned, for many years one of my hats was as a fire investigating officer with the Fire and Rescue Service. Having attended court on numerous occasions both as a witness and expert witness, it's very often the case that he/she would have to have been caught in the act of actually setting your van alight to have been sent down for it. Very often there is no actual evidence left after the fire that directly links the accused to the actual fire setting. Any old story (pack of lies) that casts even the slightest doubt is likely to get the perpetrator off.

 

[jts46]

Not for the poor woman probably now languishing on remand for murder.


Follow my blog: www.au-revoir.eu

If she is guilty let her languish

 

[CALI FATE]

Well i suppose he had it coming - im glad they have arrested someone or i might have needed an alibi - probably had pee'd off most of Cheltenham from what i hear - funny old world

 

[Stoneybroke]

Jury’s are strange beasts on occasions but without knowing all the facts it’s difficult to comment.

An important factor should be what he said when originally interviewed. I’m presuming he was arrested as a result of the DNA evidence?

The usual tactic by defence in these circumstances are for them to get all the evidence and then construct a defence to fit.

The police caution is as follows should to some extent level the playing field, it does though rely on proper direction by the judge to the jury.



The police caution........

“You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”


So when did he come up with this version of events and if it was not at his initial interview did the judge direct the jury.

It appears the police officers words were prophetic.

Mike

This caution allows the court "to draw an inference" if the story in interview (or no comment) is different to the one told in court. In reality, however, judges don't give the jury directions on this so it is really used.
The also has to be some additional points brought out to the interview about the evidence or marks found at a scene that they fail to account for.
Sadly the knowledge the finer points of the law, interview techniques, and case preparation is shrinking as fast as police numbers.

Meanwhile the offender met a tragic end - easy to be glib, but he and the suspect have families and friends, and the knock-on effects are lifelong.

 

[CALI FATE]

This caution allows the court "to draw an inference" if the story in interview (or no comment) is different to the one told in court. In reality, however, judges don't give the jury directions on this so it is really used.
The also has to be some additional points brought out to the interview about the evidence or marks found at a scene that they fail to account for.
Sadly the knowledge the finer points of the law, interview techniques, and case preparation is shrinking as fast as police numbers.

Meanwhile the offender met a tragic end - easy to be glib, but he and the suspect have families and friends, and the knock-on effects are lifelong.

Ta
Thats all true Stoney ...... he answered 29 times no comment in interview ....... the judge made a big play of the fact that in saying nothing he may have harmed his defence and as far as i could see guided the jury to a guilty verdict - but the defence barrister said unless they were 'beyond reasonable doubt' they should find him not guilty - which they did. After he was found not guilty, the prosecution read out 5 other charges including burglary, car theft and aggravated something - the jury heads dropped at that point.

As mentioned, he knew how to act / plead and got away with it -

My lesson from this is that we cannot rely on the police / criminal justice system to deal with this type of offence - we are on our own and need to make your own mind up when it comes to security / deterrent / insurance - the police and CPS were hopeless and totally unbothered.

 

[Stoneybroke]

@CALI FATE
The Police and CPS are demoralised. As for the justice system: broken ( suggest reading the Secret Barrister's book)

At least you had a partial result...

Hopefully your experiences at court were helped by the volunteers of the Witness Service.

 

[GreggB]

Update - as mentioned previously, the police caught and charged the bloke who broke in / set fire to my van - on 27th May 2018 he went for trial - i was called as a witness and had to attend a proper crown court with judge and jury. The bloke admitted to stealing my sunglasses, but denied breaking in and setting fire to the van - his dna evidence was found on the inside of the ignition plastic cowling he had broken off trying to hotwire the van. So bang to rights you would think - His defence was that he was walking along the lane and saw the drivers open and the light on, he said someone else must have broken in but was probably disturbed as he couldnt see any evidence of theft - he admitted ransacking the van, turning everything upside down and stealing a pair of sunglasses. He reckoned that after he'd gone and closed the door, another bloke must have come along and set fire to it - thats three different criminals in one evening ??? - well the jury bought it and found him not guilty of arson - he got a community order for admitting the sunglasses theft.

After the hearing, I was stood outside the court with the policeman when the bloke came out and gave me a little smirk - the policeman said not to worry he may have got away with this case but if you believe in fate (which i do) he will get his comeuppance in time

Well fate works in mysterious ways - our arsonist was fatally stabbed on Saturday evening in a Cheltenham alleyway - the police have arrested a women who is helping them with their enquiries.

Not sure what to think really

Having been been called for jury duty and sat on a fairly substantial case (death by dangerous driving while under the influence) it’s easy to see how he was found not guilty. Ours seemed such an obvious guilty on all three charges yet to even get to guilty on 2 of the 3 took a reasonable debate for everyone to agree, the key phrase ‘beyond reasonable doubt’ certainly had an effect. And then they hit you with the previous convictions.

Pleased to see your Cali back on the road and still in your possession, I imagine you’d be gutted to see it repaired and enjoyed by someone else if you gave up on it.

 

[Paulro]

The policeman was right. It's a sad end but as they say "live by the sword, die by the sword"
I'm currently stuck in Spain for the next 6 days awaiting a new turbo which seems to be coming by donkey!
Wonder what I did wrong?
I'm so tired of people stealing, damaging people's property.
Pleased a line has been drawn.
Enjoy your Cali.