this....
Therefore it follows that the Privy Council even though they quashed the convictions they were of a mind to believe the was a reasonable chance of a conviction at a retrial.
David Bain will struggle to meet the 'extraordinary circumstances' test. There is no evidence of gross police or prosecution misconduct. The is no doubt a crime was committed. There is NO COMPELLING evidence the another is guilty of the crime.
Quotelinz4me (275 ) 11:00 am, Thu 2 Sep #24035
What sad old linzo keeps forgetting between swallowing pills and wailing is that the defence asked for a retrial, therefore they were given what they had asked for and the only thing that can be 'read' into were their (The PCs) actual words that 'an actual miscarriage of justice' had occured. One of the issues being police conduct in not availing the Court of all the relevant evidence, and giving verbal undertakings to amend evidence as requested by two witnesses even knowing that any alterations would have needed to be sworn on oath as being correct. That is misconduct on two issues critical to the Crown case. The extraordinary circumstances are that the David spent 13 years in prison and when given a fair trial was acquitted in short order. Linz gets this right 'no doubt a crime was committed.' And the no 'compelling' evidence against dear daddy was enough and in spades to allow the jury to decide the case was a simple murder/suicide.
"There is no doubt a crime was committed!"
ReplyDeleteThanks for clearing that up Linz, we were wondering!