bend it like brian Posted April 21, 2016 Report Share Posted April 21, 2016 8 minutes ago, LegionOfBrad said: Would be amazed if the CPS don't charge him again. They may well lose the case (We don't know what this new evidence is, it's not the post trial tweets from the victim) but from an optics perspective to rape victims they will have to go through with another trial. Yea i agree with you...but on the flip side if they dont charge him or they lose the retrial there is no rape victim is there Link to comment Share on other sites More sharing options...
KingLear Posted April 21, 2016 Report Share Posted April 21, 2016 I think it speaks volumes that he pursued to have this appeal so much in the first place. He has served his time in prison and is now a free man, yet he has risked going to prison yet again for the simple fact that he wants to clear his name. I honestly cannot see why a man who is guilty of the crime would possibly risk that. But I guess we shall find out in the end. Link to comment Share on other sites More sharing options...
Guest Posted April 21, 2016 Report Share Posted April 21, 2016 21 minutes ago, bend it like brian said: I have to be really careful what i say on this but if they dont charge him in two weeks the conviction will be overturned interesting developments indeed, be interesting to see what certain people are saying now Quick google suggests CPS has 2 months for arraignment, and even then if they miss that it's not an automatic direction for acquittal. ?? Link to comment Share on other sites More sharing options...
LegionOfBrad Posted April 21, 2016 Report Share Posted April 21, 2016 2 minutes ago, bend it like brian said: Yea i agree with you...but on the flip side if they dont charge him or they lose the retrial there is no rape victim is there I'm not talking about the girl involved in this case. More rape victims in general who might be put off coming forward if they don't at least try him again. Link to comment Share on other sites More sharing options...
bend it like brian Posted April 21, 2016 Report Share Posted April 21, 2016 2 minutes ago, 29AR said: Quick google suggests CPS has 2 months for arraignment, and even then if they miss that it's not an automatic direction for acquittal. ?? yea your right 2 months not two weeks Link to comment Share on other sites More sharing options...
bend it like brian Posted April 21, 2016 Report Share Posted April 21, 2016 4 minutes ago, LegionOfBrad said: I'm not talking about the girl involved in this case. More rape victims in general who might be put off coming forward if they don't at least try him again. ok with you now and totally agree Link to comment Share on other sites More sharing options...
Chloe1992 Posted April 21, 2016 Report Share Posted April 21, 2016 11 minutes ago, KingLear said: I think it speaks volumes that he pursued to have this appeal so much in the first place. He has served his time in prison and is now a free man, yet he has risked going to prison yet again for the simple fact that he wants to clear his name. I honestly cannot see why a man who is guilty of the crime would possibly risk that. But I guess we shall find out in the end. Without full aquittal there is no chance he will play football ever again. His career is lost if he does not clear his name. There's your motive - so not sure that 'speaks volumes' as you say Link to comment Share on other sites More sharing options...
Guest Posted April 21, 2016 Report Share Posted April 21, 2016 19 minutes ago, KingLear said: I think it speaks volumes that he pursued to have this appeal so much in the first place. He has served his time in prison and is now a free man, yet he has risked going to prison yet again for the simple fact that he wants to clear his name. I honestly cannot see why a man who is guilty of the crime would possibly risk that. But I guess we shall find out in the end. He's not. If convicted on retrial the court can't impose a sentence of greater severity than the original. Otherwise, as you say, it'd be a deterrent to appealing. Link to comment Share on other sites More sharing options...
nebristolred Posted April 21, 2016 Report Share Posted April 21, 2016 I seem to remember originally posting on here saying I don't believe he should be found guilty and getting slated for it. Fact is it's a particularly ambiguous case, and while I 100% agree that what he did was very scummy, I really don't think there was enough evidence to convict, or conversely, there was too much questioning the legitimacy of the evidence. Either way, I sincerely hope that girl isn't put through too much, shows how scummy tribal sports fans can be. Link to comment Share on other sites More sharing options...
Welcome To The Jungle Posted April 21, 2016 Report Share Posted April 21, 2016 Just now, Chloe1992 said: Without fifll aquittal there is no chance he will play football ever again. His career is lost if he does not clear his name. There's your motive - so not sure that 'speaks volumes' as you say Do you think a club would take him If he apologised and confessed though. Link to comment Share on other sites More sharing options...
KingLear Posted April 21, 2016 Report Share Posted April 21, 2016 25 minutes ago, Chloe1992 said: Without full aquittal there is no chance he will play football ever again. His career is lost if he does not clear his name. There's your motive - so not sure that 'speaks volumes' as you say Well yes obviously, but when setting out his life goals i'm sure 'Stay out of prison' would be higher on the list than 'Play professional football again'. So yes I would say that risking going back to prison again to clear his name does 'speak volumes'. Link to comment Share on other sites More sharing options...
KingLear Posted April 21, 2016 Report Share Posted April 21, 2016 20 minutes ago, 29AR said: He's not. If convicted on retrial the court can't impose a sentence of greater severity than the original. Otherwise, as you say, it'd be a deterrent to appealing. But he would still go back to prison.......as opposed to not appealing and staying out of prison......which was my point. Link to comment Share on other sites More sharing options...
LegionOfBrad Posted April 21, 2016 Report Share Posted April 21, 2016 41 minutes ago, 29AR said: Quick google suggests CPS has 2 months for arraignment, and even then if they miss that it's not an automatic direction for acquittal. ?? I gathered that what 29AR was saying is that the retrial can't impose a greater sentence than the original trial and thus he's done his time. So he won't be going back to prison if found guilty? Link to comment Share on other sites More sharing options...
Guest Posted April 21, 2016 Report Share Posted April 21, 2016 7 minutes ago, KingLear said: But he would still go back to prison.......as opposed to not appealing and staying out of prison......which was my point. He's already served his term inside. Link to comment Share on other sites More sharing options...
LondonBristolian Posted April 21, 2016 Report Share Posted April 21, 2016 49 minutes ago, KingLear said: I think it speaks volumes that he pursued to have this appeal so much in the first place. He has served his time in prison and is now a free man, yet he has risked going to prison yet again for the simple fact that he wants to clear his name. I honestly cannot see why a man who is guilty of the crime would possibly risk that. But I guess we shall find out in the end. Obviously we shall see the outcome but I think it's a mistake to assume that Evans' tenacity in pursuing an appeal gives a clue to his guilt or not. Whereas I said earlier that I don't think there's any evidence that the girl lied, I also don't think there's any reason to think Evans is lying either. I've no doubt whatsoever that he doesn't regard what he did as rape. I think very few people regard themselves as rapists but, because of the grey areas involved it is very possible for someone to commit an act which the victim perceives as rape and a jury perceives as rape and meets the legal definition of rape yet still believe they've done nothing wrong. Link to comment Share on other sites More sharing options...
KingLear Posted April 21, 2016 Report Share Posted April 21, 2016 4 minutes ago, Tomarse said: He's already served his term inside. Ok, I must have got the wrong end of the stick then, I assumed as he was being re-tried he could be sent down again for the remainder of his sentence, I stand corrected! Link to comment Share on other sites More sharing options...
KingLear Posted April 21, 2016 Report Share Posted April 21, 2016 3 minutes ago, LondonBristolian said: Obviously we shall see the outcome but I think it's a mistake to assume that Evans' tenacity in pursuing an appeal gives a clue to his guilt or not. Whereas I said earlier that I don't think there's any evidence that the girl lied, I also don't think there's any reason to think Evans is lying either. I've no doubt whatsoever that he doesn't regard what he did as rape. I think very few people regard themselves as rapists but, because of the grey areas involved it is very possible for someone to commit an act which the victim perceives as rape and a jury perceives as rape and meets the legal definition of rape yet still believe they've done nothing wrong. Yes all very good points, I must admit that I was under the impression that he could be sent back to prison, apparently this is not the case. So an open question to anyone then, what happens to him if he is once again found guilty? Link to comment Share on other sites More sharing options...
LegionOfBrad Posted April 21, 2016 Report Share Posted April 21, 2016 2 minutes ago, KingLear said: Ok, I must have got the wrong end of the stick then, I assumed as he was being re-tried he could be sent down again for the remainder of his sentence, I stand corrected! He was sentenced to 5 years and got the earliest possible release. (2.5 years) Link to comment Share on other sites More sharing options...
LegionOfBrad Posted April 21, 2016 Report Share Posted April 21, 2016 1 minute ago, KingLear said: Yes all very good points, I must admit that I was under the impression that he could be sent back to prison, apparently this is not the case. So an open question to anyone then, what happens to him if he is once again found guilty? The papers get to call him a rapist again and he walks out of court. He will never play professional football in the UK again. Link to comment Share on other sites More sharing options...
REDOXO Posted April 21, 2016 Report Share Posted April 21, 2016 1 hour ago, Tomarse said: He's already served his term inside. I'm no lawyer, but has he not served half his sentence and is out on licence/parole? I have no clue as to sentencing at a new trial, but technically he still has only served half a sentence. Yes? Without trawling the thread does anyone know what the new evidence was? Also is he allowed out of the country now? Link to comment Share on other sites More sharing options...
LegionOfBrad Posted April 21, 2016 Report Share Posted April 21, 2016 11 minutes ago, REDOXO said: I'm no lawyer, but has he not served half his sentence and is out on licence/parole? I have no clue as to sentencing at a new trial, but technically he still has only served half a sentence. Yes? Without trawling the thread does anyone know what the new evidence was? Also is he allowed out of the country now? The new trial cannot alter his sentancing including his parole conditions. He's on unconditional bail pending retrial but his parole conditions likely mean he wouldn't be able to leave the country. His parole would end sometime next year. The evidence is not out in public. Link to comment Share on other sites More sharing options...
REDOXO Posted April 21, 2016 Report Share Posted April 21, 2016 2 minutes ago, LegionOfBrad said: The new trial cannot alter his semtancing including his parole conditions. He's on unconditional bail pending retrial but his parole conditions likely mean he wouldn't be able to leave the country. His parole would end sometime next year. The evidence is not out in public. Thanks LoB...Very succinct! Ok so he is still on parole despite having had the conviction quashed (as opposed to overturned). The bail relates to the new charge (the same one as has been quashed) The new evidence as far as anyone is aware could be as much in respect of a technicality of law as anything else (witnesses etc). The fact the appeals court made it very clear there should be an immediate retrial makes me think they believe there is still a substantial case to answer, but again I'm no lawyer!? Link to comment Share on other sites More sharing options...
sephjnr Posted April 21, 2016 Report Share Posted April 21, 2016 1 hour ago, nebristolred said: Either way, I sincerely hope that girl isn't put through too much, shows how scummy tribal sports fans can be. The PrisonRapeLol crowd are exactly as reprehensible, they just get let off easier because the general public are sympathetic to victims. Link to comment Share on other sites More sharing options...
LegionOfBrad Posted April 21, 2016 Report Share Posted April 21, 2016 21 minutes ago, REDOXO said: Thanks LoB...Very succinct! Ok so he is still on parole despite having had the conviction quashed (as opposed to overturned). The bail relates to the new charge (the same one as has been quashed) The new evidence as far as anyone is aware could be as much in respect of a technicality of law as anything else (witnesses etc). The fact the appeals court made it very clear there should be an immediate retrial makes me think they believe there is still a substantial case to answer, but again I'm no lawyer!? Actually just thinking about it he won't be on parole. He is no longer a convicted criminal. So it's just his unconditional bail. If found guilty again I would guess his parole is reactivated. (About a year to go on that) I'd also guess he's been taken off the sex offenders register. Link to comment Share on other sites More sharing options...
northsomersetred Posted April 21, 2016 Report Share Posted April 21, 2016 29 minutes ago, LegionOfBrad said: The new trial cannot alter his sentancing including his parole conditions. He's on unconditional bail pending retrial but his parole conditions likely mean he wouldn't be able to leave the country. His parole would end sometime next year. The evidence is not out in public. @LegionOfBrad his conviction has been quashed therefore his sentence doesn't stand, he is a free man unless the plod place any bail conditions on him before his new trial. Link to comment Share on other sites More sharing options...
Strictly Obi Posted April 21, 2016 Report Share Posted April 21, 2016 1 hour ago, KingLear said: But he would still go back to prison.......as opposed to not appealing and staying out of prison......which was my point. He's already served his sentence, so if he's found guilty again it's very unlikely he'll serve any extra time at all! Link to comment Share on other sites More sharing options...
LegionOfBrad Posted April 21, 2016 Report Share Posted April 21, 2016 3 minutes ago, northsomersetred said: @LegionOfBrad his conviction has been quashed therefore his sentence doesn't stand, he is a free man unless the plod place any bail conditions on him before his new trial. Yep, see my next post. Was being a bit thick. His bail is unconditional so if I was him I'd jet of on holiday before the retrial. Link to comment Share on other sites More sharing options...
northsomersetred Posted April 21, 2016 Report Share Posted April 21, 2016 1 minute ago, LegionOfBrad said: Yep, see my next post. Was being a bit thick. i think you posted as i was writing! Link to comment Share on other sites More sharing options...
EnderMB Posted April 21, 2016 Report Share Posted April 21, 2016 The only thing we can do is trust the legal process. He was charged for rape, so my personal thoughts on the evidence mean very little. The law states he is a rapist. If his appeal is successful and he is found not guilty in a new trial, then the law states he is not a rapist, and he should be allowed to continue to play football. Link to comment Share on other sites More sharing options...
Red-Robbo Posted April 21, 2016 Report Share Posted April 21, 2016 4 minutes ago, EnderMB said: The only thing we can do is trust the legal process. He was charged for rape, so my personal thoughts on the evidence mean very little. The law states he is a rapist. If his appeal is successful and he is found not guilty in a new trial, then the law states he is not a rapist, and he should be allowed to continue to play football. Actually, the law states he isn't a rapist as his conviction has been quashed. He is however scheduled to go on trial for rape, so only on at the conclusion of that trial can we label the guy. Link to comment Share on other sites More sharing options...
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