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TOPIC: Rolf News
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Re:Rolf News 6 Years, 5 Months ago
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In The Know wrote:
honey!oh sugar sugar. wrote:
The thing is, this lorry driver who gave evidence might have never been in the army, and never left the country as he claimed, but if those things had been true, he STILL could have made it all up, and presumably the conviction have remained?
Quite likely ... but as the Jury was convinced of his guilt on ALL the other charges, it was more than likely he was guilty of this one too.
Thats simply logic, isn't it?
Moral - Don't be dodgy (otherwise people will assume you are always dodgy).
But it wasn't more likely. It was never going to be more likely, because it was perfectly obvious that the concert in the crummy community centre couldn't have happened, let alone anything else.
But yes, his affair with his daughters friend, however old she was, isn't going to make him very popular. It seems to me that this made the trial unfair.
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Re:Rolf News 6 Years, 5 Months ago
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Jury verdicts depend much them being given the full evidence in a neutral, non prejudicial way. Where children (or former children) are involved, the usual prejudices kick in, based on popular presumption and ignorance. There have been many cases throughout the years where juries have got it wrong and members of a jury, given more time to reflect, have changed their minds. When confronted with the volume of media pressure, it's easier to go along with the crowd.
I have no idea whether Rolf Harris is innocent or guilty. If I was on a jury, my starting point would be that he was innocent, and the prosecution would have to convince me otherwise. Unfortunately, a lot of people think it should be the other way around. In practice, defendants have to prove their innocence. British Law is an oxymoron. The people who run often ignore it's major principals. Sometimes intentionally.
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Re:Rolf News 6 Years, 5 Months ago
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Re:Rolf News 6 Years, 5 Months ago
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In The Know wrote:
honey!oh sugar sugar. wrote:
The thing is, this lorry driver who gave evidence might have never been in the army, and never left the country as he claimed, but if those things had been true, he STILL could have made it all up, and presumably the conviction have remained?
Quite likely ... but as the Jury was convinced of his guilt on ALL the other charges, it was more than likely he was guilty of this one too.
Thats simply logic, isn't it?
Moral - Don't be dodgy (otherwise people will assume you are always dodgy).
Barrister Matthew Scott:
The jury system, indeed much of the legal system, is based on the – I was going to say “premise” but I think I’ll go instead with “comforting hooey,” that jurors (and judges and magistrates too) are able safely to determine who is telling the truth merely by looking and listening. Juries are assumed to be shrewd enough to pick up on an inconsistency here, a suspicious evasion there, a significant mistake somewhere else; they are even entitled, if they like, to take into account the “demeanour” of a witness, whatever that may be (“he looked thoroughly shifty .. her tears looked genuine”). In a multi-complainant case, the assumption is, they can stir up all the allegations to reach a safe conclusion: they are asked to return separate verdicts on each count, but are often entitled, as here, to consider the evidence from one complainant as supporting that of others.
Don’t worry about liars and fantasists, the British (or strictly English and Welsh) justice system is the best in the world and if you’re not telling the truth the jury will find you out.
Assuming that juries are generally able to sniff out a liar is a comforting myth, but even if it is true the fact is that this particular jury wasn’t much good at it. It was bamboozled by the evidence of WR and David James. Moreover, the standard of proof being what it is, we can say that the jury was not just inclined to believe them; it must have been “sure” that the pair were accurate. They may well have been fantasists or mistaken rather than liars, but the fact is that every member of the jury swallowed their untrue evidence without reservation. However good juries might generally be at teasing out fact from fiction, it is inescapable that this particular jury proved itself unable to do just that, at least on this part of the case.
Just as importantly, the jury must also have decided that when Harris said in evidence that he had never been to Leigh Park during the relevant years he was lying, even though we now know that he was telling the truth.
The entire blog post is worth a read: barristerblogger.com/2017/11/19/rolf-harris-given-retrial/
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