Andrew Malkinson

[DH1875]

Following on from the David Goodwillie and Kevin Spacey talk this is quite interesting. Andrew Malkinson has recently been released from prison after serving 17 years for rape. Could have paroled after 7 but insisted he was innocent and thought his corner. Actually turns out, the guy was innocent all along.
Now here is the bits of the case that I find really interesting. The victim picked Andrew out of a lineup. There are 2 witnesses who placed him at the scene. His alibi of being at a friends flat was dismissed as the friend said he couldn't remember the night in question. This was all enough evidence to convict him despite there being a DNA sample that did not match with him.
So my thoughts are that sometimes victims of crime can get confused or make a mistake. Sometimes even they can get it wrong.
Sometimes witnesses don't see what they think they see. Sometimes they get it wrong but also, sometimes they lie, they make stuff up and sometimes they just simply don't tell the truth.
Sometimes people actually do forget stuff and can't recall everything in life or every detail particularly when drink or drugs are involved.
And sometimes the justice system in this country is just ducked up.

[Hibrandenburg]

Following on from the David Goodwillie and Kevin Spacey talk this is quite interesting. Andrew Malkinson has recently been released from prison after serving 17 years for rape. Could have paroled after 7 but insisted he was innocent and thought his corner. Actually turns out, the guy was innocent all along.
Now here is the bits of the case that I find really interesting. The victim picked Andrew out of a lineup. There are 2 witnesses who placed him at the scene. His alibi of being at a friends flat was dismissed as the friend said he couldn't remember the night in question. This was all enough evidence to convict him despite there being a DNA sample that did not match with him.
So my thoughts are that sometimes victims of crime can get confused or make a mistake. Sometimes even they can get it wrong.
Sometimes witnesses don't see what they think they see. Sometimes they get it wrong but also, sometimes they lie, they make stuff up and sometimes they just simply don't tell the truth.
Sometimes people actually do forget stuff and can't recall everything in life or every detail particularly when drink or drugs are involved.
And sometimes the justice system in this country is just ducked up.

But yet, some people still want the reintroduction of the death sentence.

17 years locked up with an endless amount of radges that would like nothing more than to **** him up, living nightmare.

[He's here!]

Following on from the David Goodwillie and Kevin Spacey talk this is quite interesting. Andrew Malkinson has recently been released from prison after serving 17 years for rape. Could have paroled after 7 but insisted he was innocent and thought his corner. Actually turns out, the guy was innocent all along.
Now here is the bits of the case that I find really interesting. The victim picked Andrew out of a lineup. There are 2 witnesses who placed him at the scene. His alibi of being at a friends flat was dismissed as the friend said he couldn't remember the night in question. This was all enough evidence to convict him despite there being a DNA sample that did not match with him.
So my thoughts are that sometimes victims of crime can get confused or make a mistake. Sometimes even they can get it wrong.
Sometimes witnesses don't see what they think they see. Sometimes they get it wrong but also, sometimes they lie, they make stuff up and sometimes they just simply don't tell the truth.
Sometimes people actually do forget stuff and can't recall everything in life or every detail particularly when drink or drugs are involved.
And sometimes the justice system in this country is just ducked up.

The threads might be best to be merged I guess.

It's a thorny area for sure. While there are doubtless a significant number of rapists who go unpunished/unreported, a false accusation of rape can also have devastating consequences as this case earlier in the year shows:

Eleanor Williams jailed over false rape claims - BBC News (https://www.bbc.co.uk/news/uk-england-cumbria-64950862)

[He's here!]

But yet, some people still want the reintroduction of the death sentence.

17 years locked up with an endless amount of radges that would like nothing more than to **** him up, living nightmare.

He alludes to that in today's interview and says studying pure maths and Buddhist meditation kept him resilient:

Andrew Malkinson: 'The world finally knows the truth' - BBC News (https://www.bbc.co.uk/news/uk-england-manchester-66323436)

[grunt]

But yet, some people still want the reintroduction of the death sentence.

17 years locked up with an endless amount of radges that would like nothing more than to **** him up, living nightmare.Apparently they're going to reduce any compensation he gets for wrongful imprisonment by an amount where he has to pay the prison service for board and lodging for the 17 years??

[JimBHibees]

Apparently they're going to reduce any compensation he gets for wrongful imprisonment by an amount where he has to pay the prison service for board and lodging for the 17 years??

Surely not how twisted is that

[Ozyhibby]

When people question the like of Donald Findlay on why he defends this or that ****bag, they should think of cases like this and be grateful for the job he and others like him do. The state should be held to the highest possible standards if it want to lock people up. I doesn’t sound like it was in this case.


Sent from my iPhone using Tapatalk

[grunt]

Surely not how twisted is that

https://www.bbc.co.uk/news/uk-england-manchester-66323436


Speaking about what he could be owed, he said: "I feel very strongly about this - somehow, the prison service has lobbied the government so that even if you fight tooth and nail to gain compensation, you have to pay the prison service a large chunk of that for so-called board and lodging."More here:

https://www.bbc.co.uk/news/uk-66324801


He told the BBC's World at One programme: "I remember my solicitor phoning me up, and she said, 'They're going to charge you bed and board'.

"What's the logic in this? They don't charge guilty people, they only charge innocent people.

[neil7908]

When people question the like of Donald Findlay on why he defends this or that ****bag, they should think of cases like this and be grateful for the job he and others like him do. The state should be held to the highest possible standards if it want to lock people up. I doesn’t sound like it was in this case.


Sent from my iPhone using Tapatalk

The problem with guys like Findlay is they are purely motivated by greed. We have a two tier justice system, where only the rich get proper representation.

Whilst there are clearly issues with wrongful prosecutions, I a personally much, much more concerned with the disgracefully low prosecution rate for rape and sexual assault.

[Ozyhibby]

The problem with guys like Findlay is they are purely motivated by greed. We have a two tier justice system, where only the rich get proper representation.

Whilst there are clearly issues with wrongful prosecutions, I a personally much, much more concerned with the disgracefully low prosecution rate for rape and sexual assault.

Findlay doesn’t only work for the rich?


Sent from my iPhone using Tapatalk

[neil7908]

Findlay doesn’t only work for the rich?


Sent from my iPhone using Tapatalk

"newspaper Daily Record reported that Donald Findlay was one of the highest paid lawyers in 2007, earning £350,000 from his high-profile cases."

[CropleyWasGod]

"newspaper Daily Record reported that Donald Findlay was one of the highest paid lawyers in 2007, earning £350,000 from his high-profile cases."

How much of that was Legal Aid fees?

https://www.dailyrecord.co.uk/news/scottish-news/veteran-lawyer-ex-rangers-vice-25786042

[Paul1642]

When people question the like of Donald Findlay on why he defends this or that ****bag, they should think of cases like this and be grateful for the job he and others like him do. The state should be held to the highest possible standards if it want to lock people up. I doesn’t sound like it was in this case.


Sent from my iPhone using Tapatalk

All good and well defending a potentially innocent person. The dislike of these greedy lawyers is the defending of people who are guilty beyond any reasonable doubt and pulling all the strings to get them smaller sentences.

That and at lower level trials advising their clients not to enter a plea at any of the preliminary or intermediate diets so that they can get their full whack of legal aid, only to then plead guilty just prior to trial. This process is half the reason out courts are on their knees.

[Ozyhibby]

All good and well defending a potentially innocent person. The dislike of these greedy lawyers is the defending of people who are guilty beyond any reasonable doubt and pulling all the strings to get them smaller sentences.

That and at lower level trials advising their clients not to enter a plea at any of the preliminary or intermediate diets so that they can get their full whack of legal aid, only to then plead guilty just prior to trial. This process is half the reason out courts are on their knees.

It’s not just about getting their fees. They are perfectly entitled to see if the states witnesses show up on the day. And it’s not a lawyers job to determine innocence or guilt. That’s why we have juries.


Sent from my iPhone using Tapatalk

[Mon Dieu4]

When people question the like of Donald Findlay on why he defends this or that ****bag, they should think of cases like this and be grateful for the job he and others like him do. The state should be held to the highest possible standards if it want to lock people up. I doesn’t sound like it was in this case.


Sent from my iPhone using Tapatalk

I've mentioned before on here that I've actually been in a jury when Findlay was the defence, must admit my first reaction was can't wait to see that Hun **** lose, but having seen him in action if I was ever in serious trouble I'd happily have him defend me, knows his stuff and turns it into pure theatre to get the jury on side, also showed me of how much of a little boys club the establishment is as he actually managed to get the case adjourned halfway through for a couple of days due to "unforeseen business" that coincided with the Huns playing an away game in the champions league

[wookie70]

Apparently they're going to reduce any compensation he gets for wrongful imprisonment by an amount where he has to pay the prison service for board and lodging for the 17 years??
There was a fascinating piece on Radio 5 about this today. Utterly mental that you have to prove your innocence before being awarded compensation if convictions are quashed. Trying to prove a negative isn't that easy. The whole system absolutely stinks

[Sergio sledge]

Surely not how twisted is that

It sounds really bad, but it isn't quite how it has been portrayed in some sections of the press.

Part of the compensation award is based on an assessment of loss of earnings over the course of the imprisonment and part of that assessment is to work out how much take home pay they would have been due. This takes into account the fact that they would have paid rent if they had been out of their salary so reduces the loss of earnings portion to account for that. They're not really charging the prisoner for rent during the period they were in.

To be honest it still sounds bad, but as far as I know it's been the the European court of human rights and been upheld.

[DH1875]

So he could get what? Let's say 17 years at £20k a year. That's £340k. Surely he would get a hell of a lot more than that.

[Sergio sledge]

So he could get what? Let's say 17 years at £20k a year. That's £340k. Surely he would get a hell of a lot more than that.

I think loss of earnings is only part of a compensation award, I think the maximum payout is £1m and you'd expect him to get all of that.

That won't even get close to compensating him for what he's been through though.

[grunt]

The very thought that any award he receives should be reduced to account for board and lodgings is sickening.

[Pretty Boy]

Prison 'living costs' being deducted from compensation scrapped:


https://www.bbc.co.uk/news/uk-66417103

[He's here!]

https://www.bbc.co.uk/news/uk-66513959

[PHeffernan]

The problem with guys like Findlay is they are purely motivated by greed. We have a two tier justice system, where only the rich get proper representation.Whilst there are clearly issues with wrongful prosecutions, I a personally much, much more concerned with the disgracefully low prosecution rate for rape and sexual assault.We have a two tier legal system but it provides representation for the poor and the rich. That is one tier.The second tier is the normal working folk in the middle who don't get legal aid and can't or don't want to chuck their life savings at a lawyer.The issue is career criminals and idiots who are given legal aid over and over and over again.We should all be allowed free criminal case legal aid a maximum 2 times in our lives. That would save the country an absolute fortune and provide access to legal aid for us all if we were ever unfortunate enough to need it.As for rape and sexual assault cases, I presume you meant low conviction rates rather than prosecution rates although both are often impeded by the same issue, a lack of sufficient credible evidence. Both rapes and sexual assaults tend to occur when only the victim and assailant are present, so there are no other witnesses, with the only independent evidence being medical and scenes of crime. In criminal cases the guilt of the accused must be proved beyond all reasonable doubt and that is an exacting standard as it should be.

[AltheHibby]

If you restrict legal aid to twice you open it up to miscarriages of justice. Imagine you had received it twice, then your ex goes to the police with a serious, and false, accusation you can't afford a lawyer to defend...

[PHeffernan]

If you restrict legal aid to twice you open it up to miscarriages of justice. Imagine you had received it twice, then your ex goes to the police with a serious, and false, accusation you can't afford a lawyer to defend...If you need criminal case legal aid more than twice the likelihood is that you are an idiot or a criminal.The line needs to be drawn somewhere so that we can all get free legal representation when we most need it which is not the case at the moment.

[AltheHibby]

Possibly, but things can happen. Also, you could be going straight, but someone does something you used to and its easy for you to be picked up for it.

Read The Secret Barrister.