tag:blogger.com,1999:blog-6110794854146484721.post5790021043766168271..comments2024-03-29T08:05:56.264+00:00Comments on Law and Lawyers: A look at the Michael Turner case (aka Michael Le Vell - aka soap star name Kevin Webster)ObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-6110794854146484721.post-41821104424138606472013-09-16T17:36:32.235+01:002013-09-16T17:36:32.235+01:00There would have to be a get-out if either party w...There would have to be a get-out if either party was so high-profile that the evidence would either identify them or would limit it to so few people that it would be unfair to the other members of the group. But that is rare.<br /><br />I don't see why an acquitted defendant should not remain anonymous for life. That's not secrecy, that's privacy.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-40301207184798018882013-09-13T15:03:38.750+01:002013-09-13T15:03:38.750+01:00This would be the ideal solution but even here the...This would be the ideal solution but even here there can be difficulties. Take the case of Nigel Evans, who resigned yesterday as Deputy Speaker. He faces a number of charges including rape. It is difficult to see how a person in such a high profile public position could avail himself of anonymity or how it could be enforced. Nevertheless, He should have that right until the case is over. On a slightly different point, should not the defendant have anonymity until a verdict is delivered - whether of conviction or acquital. Lets reduce the degree of secrecy in our judicial system.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-46135791715769896992013-09-12T19:46:39.315+01:002013-09-12T19:46:39.315+01:00If he did not do it - which only he and the compla...If he did not do it - which only he and the complainant know - then he is the victim of a false accusation. <br /><br />All defendants should be entitled to anonymity unless and until they are convicted. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-80785640233470598912013-09-12T18:55:06.069+01:002013-09-12T18:55:06.069+01:00I am also uneasy about the term 'victim'. ...I am also uneasy about the term 'victim'. If the whole story is concocted then, of course, there is not a true victim at all. Often there is a crime 'victim' because a crime has been committed in relation to that individual. However, it by no means follows that this 'victim' is the victim of the person accused. This needs to be constantly borne in mind otherwise repetition of the word 'victim' can become prejudicial.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-60015134512637458002013-09-12T15:07:07.033+01:002013-09-12T15:07:07.033+01:00On the question of anonymity, there appears to be ...On the question of anonymity, there appears to be a one-sidedness which offends against fairness. In general, the case for not naming an accuser ( can they be called victims if their accusation is not upheld?), is to assist accusers in coming forward by offering the protection that being unknown brings. But if the charge they make is not upheld they still retain protection. The defendant is named ab initio, and as we have seen in the Turner case their whole life is subject to forensic examination in the full light of publicity. The only case that has been advanced for naming the defendant seems to be that this will bring forth other accusers hence strengthening the case against the defendant. Even yesterday this was being used - illustrated by the Stuart Hall case. But in that case additional accusers would not have affected the outcome because he pleaded guilty to the initial charges. Returning to the Turner case, his life has been publicly trashed and only time will tell whether he can put it together again, whilst his accuser is safe behind her anonymity. That is the unfairness. Both accuser and defendant should be treated in the same way, that is the fair way.Anonymousnoreply@blogger.com