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How does this get a conviction?

  • 25-07-2023 3:26pm
    #1
    Registered Users, Registered Users 2 Posts: 2,661 ✭✭✭


    I was just reading this story and while I don't want to focus on the persons specifically, but use it as an example, I was wondering how the jury can convict in this type of case and not have any doubt.

    The article doesn't mention any evidence which they would normally do if there was something significant, and the man is denying all charges. Maybe there was some evidence that has been omitted here, but I would find it strange to leave that out.

    Does anyone know anything more about this case?



Comments

  • Registered Users, Registered Users 2 Posts: 10,951 ✭✭✭✭suvigirl


    Why would a newspaper article publish the entire evidence of a case?

    It's a synopsis, for the paper.



  • Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭TooTired123


    The fact that the victim waived her anonymity in order that to ensure that her father was pictured and named, doesn’t mean that witnesses, probably close family, who probably gave statements and were maybe cross examined by the defence team should also be named and pictured.

    Cases like this are by their nature extremely sensitive and the media wouldn’t publish too many details.

    Rest assured that the DPP wouldn’t have let it come to court if there wasn’t plenty of evidence and the father would have had a good defence team. The prosecution had to prove to the jury beyond reasonable doubt that he is guilty, his defence would have challenged every bit of evidence, but the jury didn’t believe him.



  • Registered Users, Registered Users 2 Posts: 1,720 ✭✭✭Lenar3556


    I don’t know anything about this particular case, but in others that I have come across;

    The credibility of the alleged victim is a huge element.

    The evidence thereafter tends to circumstantial, but enough of it will convince a jury.



  • Moderators, Education Moderators, Technology & Internet Moderators Posts: 35,125 Mod ✭✭✭✭AlmightyCushion


    I sat on a jury for a case that, while not as severe as this, shared some similarites. In that case the evidence was pretty minimal and all circumstantial. Some of the arguments the prosecution made were just straight up bizarre and trying to make something sinister out of something pretty normal. Obviously, this case could be different but just because it went to court doesn't mean there was plenty of evidence.



  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    What's reported in the article is the victim impact statement, which comes as part of the sentencing process, after the defendant has been convicted. The actual trial is likely to have been some weeks ago. Because this report doesn't cover the trial, we have no idea what evidence was presented at the trial, or who gave evidence.

    Googling might find earlier media reports of the trial. Or, it might not — newspapers and media organisations no longer have the resources to put reporters in every court, so many trials go unreported, or are reported (like this one) only at the sentencing stage. And trials of charges of child sex abuse in particular often go unreported, since before anyone is convicted reporting restrictions mean that nobody can be named and no details can be given that might identify anyone. That makes reporting quite difficult.



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  • Registered Users, Registered Users 2 Posts: 4,101 ✭✭✭spaceHopper


    Convicting somebody is a very difficult thing for a jury to do (I've been on one), if there is the slightest doubt they will acquit. Given they didn't in this case I can't see how he's anything but guilty.



  • Moderators, Education Moderators, Technology & Internet Moderators Posts: 35,125 Mod ✭✭✭✭AlmightyCushion


    It really depends on the jury. The one I was on, that certainly was not the case. There was literally a few people on who when we first started talking about it said they had their doubts but were voting guilty. This is after the judge spent a lot of time going over loads of things including what reasonable doubt was and how you could believe the victim 100% but still have reasonable doubts and difference between unreasonable and reasonable doubt (the judge was actually great).

    When we did our deliberations, I would say there was about 5 people firmly guilty or not guilty. The rest probably could have been swayed either way easily enough. In the end we couldn't come to a unanimous decision so the judge said he would accept a 10/2 vote. I think if 1 or 2 of the 5 had been firmly in the other camp then we would have had a different verdict. Basically the 5 who talked the most and debated the most influenced the others. What ever way 3 or 4 of those 5 were arguing for, was the verdict.

    I liked serving on a jury and found it interesting. I would happily do it again. However, if I was innocent I wouldn't want a jury deciding my fate.



  • Registered Users, Registered Users 2 Posts: 2,661 ✭✭✭kowloonkev


    Nobody is asking for the entire evidence. Usually they would include some key case defining evidence. I couldn't find anything on RTE.

    Okay I am too lazy to search thoroughly but I can't think of what evidence there could be to actually prove such an accusation beyond reasonable doubt. The same goes for a lot of these old cases where there is no physical evidence.

    I'm just thinking if I was sitting on a jury how could I be sure that someone did something many years ago if there is no physical evidence or records. I don't know how they get to court in all honestly.

    Even these days such cases are hard to convict even with some evidence (thinking some footballers recently in the news; albeit in England).

    I'm not here to argue or suggest innocence in this or any other case - I'm just interested because I think I would need compelling proof and I'm wondering what kind of evidence would be used in this kind of case, because it seems it would just be his word against hers?



  • Registered Users, Registered Users 2 Posts: 4,101 ✭✭✭spaceHopper


    The one I was on was good, nobody wanted to convict. The accused was an idiot but the "victim" had started the trouble and probably should have been charged, he'd headbutted the accuesed. It all came down to one witness who had just arrived in the pub and wasn't drunk.



  • Registered Users, Registered Users 2 Posts: 15,961 ✭✭✭✭Discodog


    A friend of mine was on a UK Jury in a child abuse case. There was the word of a teenage victim & the word of the accused with not a shred of actual evidence. All the circumstantial evidence pointed to innocence. The Jury couldn't decide & "in order not to be there too long" decided to acquit on one charge but convict on another. This meant that they believed that the victim lied about the second occasion but believed them for the first.

    My friend has remained disturbed by this & is convinced that the accused, serving a long sentence, is innocent.



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  • Registered Users, Registered Users 2 Posts: 15,824 ✭✭✭✭Witcher


    This meant that they believed that the victim lied

    Eh, no it doesn't.



  • Registered Users, Registered Users 2 Posts: 15,961 ✭✭✭✭Discodog


    Actually I agree but it does suggest that the account of the other incident was not believed by the jury. UK Ministry of Justice study found that 3% of complaints were malicious. So on UK figures around 75 people are falsely sentenced per year.

    Maybe that's a price that has to be payed but not if you are one of the 75.



  • Registered Users, Registered Users 2 Posts: 10,951 ✭✭✭✭suvigirl


    Do you have a link? 3% of complaints may be malicious, that doesn't mean 3% of convictions are wrong.

    Complaints don't automatically lead to convictions

    And a not guilty verdict means that something has not been proven beyond a reasonable doubt, not that the complainant was lying.



  • Registered Users, Registered Users 2 Posts: 14,309 ✭✭✭✭wotzgoingon


    I have no idea about this case but I remember a good few years ago two families lived beside each other and disliked each other. One family made up a story that a son of the other family raped their daughter. He must have got a large sentence as it was only the daughters guilty conscience when got older she went to the Gardaí and told them the truth that they made it all up. So you cannot always believe a victim. I'm not saying that is the case here though.



  • Registered Users, Registered Users 2 Posts: 10,951 ✭✭✭✭suvigirl


    And there is a record of this girl and her family being prosecuted yes? Because if she admitted that they lied, then they would absolutely be prosecuted.

    And no doubt innocent rapist would sue the family, which obviously would be recorded somewhere also.



  • Registered Users, Registered Users 2 Posts: 14,309 ✭✭✭✭wotzgoingon


    I don't think they did. But that was a true case what I said.



  • Registered Users, Registered Users 2 Posts: 10,951 ✭✭✭✭suvigirl


    Not a chance.

    If someone went to prison for rape & it later transpired that it was a false allegation, then they absolutely would be prosecuted.

    Do you think the rapist that went to prison would do nothing?



  • Registered Users, Registered Users 2 Posts: 14,309 ✭✭✭✭wotzgoingon


    It was a real case but I never followed it up. I read it on a news site a long time ago(many years ago). I tried googling for it but it turns out it's a pretty common thing for women to do so it seems as the cases that come up are all this year so if that's the case it must happen a load of times every year. re. women claiming they were raped.



  • Registered Users, Registered Users 2 Posts: 10,951 ✭✭✭✭suvigirl




  • Registered Users, Registered Users 2 Posts: 15,961 ✭✭✭✭Discodog


    Approximately 3% of the rape allegations were identified as malicious (determined to be intentionally false). Surely intentionally false suggests someone is lying ?

    I am not, in any way, advocating for offenders but any justice system must accept that wrongful convictions occur. This poor man served 17 years & was not eligible for early release because he refused to admit guilt.

    He will have to pay the government for 17 years board & lodging.



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  • Registered Users, Registered Users 2 Posts: 30,290 ✭✭✭✭AndrewJRenko


    And you didn’t find news reports of this happening “loads of times” in recent years, certainly not in Ireland.



  • Registered Users, Registered Users 2 Posts: 10,951 ✭✭✭✭suvigirl


    Of course malicious means lying. As I pointed out, complaints do not equal convictions.

    What poor man? The one your friends jury found guilty?



  • Registered Users, Registered Users 2 Posts: 15,961 ✭✭✭✭Discodog




  • Registered Users, Registered Users 2 Posts: 10,951 ✭✭✭✭suvigirl


    That was a miscarriage of justice.

    it has nothing to do with malicious complaints.



  • Registered Users, Registered Users 2 Posts: 147 ✭✭Beefcake82


    that man should be paid a substantial sum of money for what he has had to endure.



  • Registered Users, Registered Users 2 Posts: 2,599 ✭✭✭newmember2




  • Registered Users, Registered Users 2 Posts: 1,720 ✭✭✭Lenar3556


    You will come across false complaints, malicious or otherwise in all aspects of criminal law. Sexually based offences are no different. There can be various motivations on the part of the complaint.

    False allegations are taken seriously, and there have been several convictions in recent years of those found guilty of such acts (Including false allegations of rape).

    These cases aren’t always tried however, there can be a variety of factors at play.



  • Registered Users, Registered Users 2 Posts: 10,951 ✭✭✭✭suvigirl


    Yes, I know.

    If someone admitted making a false accusation, as the poster suggested happened, then they would absolutely be prosecuted.



  • Registered Users, Registered Users 2 Posts: 10,153 ✭✭✭✭dodzy


    if it’s even possible to look like a dirty bastard, he ticks that box in spades.



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  • Registered Users, Registered Users 2 Posts: 2,661 ✭✭✭kowloonkev


    This thread was more intended to look at how the laws and courts deal with such cases, particular historical cases which tend to have no physical evidence. I'm not particularly interested in specific cases or false accusations. I just want to know if the bar of proof seems lower in these cases to press charges and to convict, and if so, why? Is there some sort of societal guilt going on that we missed the abuse of children or turned a blind eye.

    I know it's extremely hard on victims and there are many many victims. The fact that they are children means that they wouldn't have the wherewithal to keep a record/evidence or make a report. They probably don't even know a crime is being committed against them. That makes it even more emotive and more of an outrage for society. We all want justice for all victims, and we want justice meated out to all abusers. But do we want it so badly that as jurors we don't need as much evidence? Should the bar be lower to prove guilt in these cases?



  • Registered Users, Registered Users 2 Posts: 10,951 ✭✭✭✭suvigirl


    No it shouldn't and it's not.

    many cases don't get to court because of a lack of evidence. The DPP has to be happy that there is enough evidence to bring a charge and to secure a conviction.

    The judge has to be satisfied that the evidence is there, or else they will direct the jury to find the accused not guilty.

    And finally the jury has to be satisfied of guilt, beyond a reasonable doubt.

    are you on the voters reg? If you ever get a call for jury duty, you should do it, you will find it very interesting



  • Posts: 0 [Deleted User]


    That book, The Secret Barrister, is a very disturbing account of what's happening in English criminal law cases and the anonymous author discusses a good number of these innocent cases (including Dubliner Victor Nealon's extraordinary 17 years in prison; had he accepted his guilty conviction he could have walked free after 7 years.)



  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    The bar is not lower; the standard of proof required is the same as for any other crime, and many complaints never turn into prosecutions precisely because evidence likely to convince a jury beyond a reasonable doubt cannot be assembled. In the UK just 1.3% of rape complaints lead to prosecutions, as opposed to an average for all crimes of 7.7%. (I don't have figures for Ireland.)

    Furthermore when cases are prosecuted, conviction is not automatic. Again in the UK, acquittals are common; about 70% of rape trials result in a conviction as opposed to an average for all crimes of 82%.



  • Registered Users, Registered Users 2 Posts: 7,988 ✭✭✭Oscar_Madison


    Even leaving this case aside as I haven’t had the time to read up on it, yes, as a former jury member, I concur on that - as it happens in the case I attended, we did convict - evidence was strong and refutations from the defence were feeble to say the least.

    While it’s up to the prosecution to prove guilt, and not up to the defence to prove innocence, if a defendant gives a no reply when questioned, it leaves little for the jury to go on, so we focus then purely on the quality of the prosecution case alone, as we’ve nothing from the defence.

    Had they supplied even the smallest piece of evidence to create doubt it may have helped- no reply interviews have their benefits but also can lead to a greater strengthening of the prosecution case.

    I see someone above quoted a miscarriage of justice case in the UK- I don’t know the ins/outs of the case- I wonder if he took the stand or answered questions put to him by police. It feels like the police felt they had solved the case and the jury agreed- I think it’s dangerous prosecuting a case with very little clear evidence unless there is a multitude of circumstantial evidence like in the case of that Architect done for murder of that vulnerable woman or the Mr Moonlight case. I guess this CAN happen but thankfully rare enough we hope- it wouldn’t have happened at my jury experience- we very much tested the evidence presented-



  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Similar story but with the opposite outcome in a case in which my daughter served on the jury. Defendant did not testify and defence presented little evidence; just cross-examined the state witnesses. Jury felt the prosecution case was weak; at least one witness was clearly not giving the evidence the prosecution had expected them to give. General feeling in the jury room was that the defendant was more likely to be guilty than not, but that guilt was not proven beyond reasonable doubt, so they acquitted.

    Jury were warned not to google the defendant or the witnesses and, if any juror did, they never mentioned it in the jury room. After the trial was over my daughter googled the defendant; he had previous charges of which he had also been acquitted.

    According to my daughter, jurors took their job seriously, recognised their responsiblity, tested the evidence carefully, made a decision on the proper basis.



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  • Registered Users, Registered Users 2 Posts: 2,661 ✭✭✭kowloonkev


    It would be nice to know though what kind of evidence proves these sorts of charges. If I was a juror I think I would need some physical evidence, or at least witnesses who saw/heard a crime taking place. I think if there is such evidence it should be released to help us understand and be satisfied that justice is being done. If I was a victim I would want evidence be known to the public.

    Here's another case I found baffling. The key argument of the prosecution seems to be 'the victim has no reason to make it up'. That is the kind of logic you'd imagine hearing in Salem a few centuries ago.



  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    I don't know where you're getting the "key argument of the prosecution" from. There's nothing about it in the report to which you link. Have you read another report somewhere about this?

    This is a report of a sentencing hearing, taking place some time after the defendant had been convicted. There are no details in the report about the evidence given at the trial either by the prosecution or by the defence, so we don't know what evidence was before the jury. But there's nothing in the report to support an assumption that the jury convicted on the uncorroborated evidence of the victim, contradicted only by the uncorroborated evidence of the defendant.



  • Registered Users, Registered Users 2 Posts: 1,457 ✭✭✭SharkMX


    I often look at cases, even discrimination cases etc and very often there is no evidence whatsoever, yet a verdict is made that can ruin someones life on no evidence at all.

    I was on a Jury once for a sexual assault case where a guy sexually assaulted a woman at a party 10 years earlier.

    It all came down her word against his.

    I couldnt find him guilty on that evidence myself but 10 jurors did. 7 of them women and 2 of the men easily led by the women, and one wanted to go home, i think he was getting a flight to see a football match that night. I did think he did it though but that was just my feeling and nothing more, i didnt like him, but there was no evidence at all apart from both their sides of the story.

    They did bring in character witnesses for both sides and also people who were at the party. All of the witnesses were in the other room and saw them go in and noticed nothing before or after. One of her friends said the victim told her in the car on the way home but told her not to tell anyone.

    Looking at it with a logical mind, there was no evidence whatsoever that anything took place apart from the woman saying it did. The man was very nervous and this was assumed to be guilt by most of the Jury. At one point one of them said to me "You would believe her if she was your sister wouldnt you. And beside he looks guilty as hell. He definitely did it.".

    It was 9 - 3 at first. The judge told us to go back in and said they would except a 10 - 2. Most people said they wouldnt change their minds. Eventually after a few hours one of them changed to guilty, probably because we all wanted to go home. Said that the judge would just send us back again and again and then go for the majority verdict in the end so why drag it out. That was that. I read about 6 months later that he got 2.5 years.

    The way the jury works is that you are picked from a pool and then go to the court. There they narrow it down to 12. You are then all taken for food and told what is going on. Then you go home and come back for the next day. You have lunch together and you do talk about the case though you are told not to talk about it outside the jury room. Some people you just know googled the people in the case too. You come in every day, and are sent out a few times while the barristers and judge speak without you around. You have to lock up your phones when you go into the jury room.

    Then at the end the judge gives you instructions (what charging the jury is, reasonable doubt etc) and you go and discuss the case. You ask some questions and have to all go back into the courtroom to ask them. The judge gives out to you and sends you back saying you only have the evidence in front of you. You come back at the end of each day and say no verdict. Judge brings you back in the morning and says they will accept 10-2 now. It was afternoon the first day. After a few hours we were sent home for the weekend. Monday morning we spend another 3 hours deliberating. You give your verdict. Judge says you are free of jury duty for 2 years and then you go home. You hear nothing about the case again unless you read it in the media.

    I wouldnt like someone to ever accuse me of anything where there is no proof apart from each others word. Because you are going to get convicted for sure if you are a man and the woman cries. Thats what had the most effect on the jury. The women all had him convicted without hearing a word and never wavered and you would get daggers and accusations yourself if you argued with them. 2 of the men were terrified of the women. It was like a gang. On the first morning before the trial started - "Did you see the creepy fker. He was looking at me and i was shaking". "Yeah and hes so ugly. What woman would ever voluntarily go near him". All just from the jury picking and before the trial even got underway.



  • Registered Users, Registered Users 2 Posts: 2,661 ✭✭✭kowloonkev


    Apologies that was from the below article during the trial. There were reports from the courtroom but not much evidence at all barring the kind of gossip you might hear at the corner shop.




  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Well, that's a report of the evidence led by the defence. You need to look around for reports of the evidence led by the prosecution, but — spoiler alert — it may not be reported. Newspapers these days don't have the funds to have a court reporter in every courtroom, so whether a day's evidence gets reported depends on whether there was another, possibly more newsworthy, case going on in another courtroom on the same day.

    All we know is that the jury, who heard all the evidence and heard it first-hand, found the charge proven beyond reasonable doubt. I'd be very slow to second-guess that based on partial, second-hand, accounts of some of the evidence given at the trial.

    We're told that the defendant doesn't accept the verdict and, of course, she has a right of appeal. If there's any kind of argument that the evidence really doesn't support the verdict, you'd expect her to exercise that right. Do we know if she has lodged an appeal?



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