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Ched Evans

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121 Re: Ched Evans on Tue Oct 06 2015, 11:19

Chairmanda

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Andy Walker
Andy Walker
Natasha Whittam wrote:Let's be honest. Ched Evans might be a fooking tugboat but this conviction has been iffy from the start. I don't understand how there can be two men in a room with a woman, both have sex with her, both claim it was consensual but one ends up in prison and the other gets off scot-free.
The only way I can understand how this verdict was reached is the following scenario...the woman gets drunk, meets footballer A (can't remember his name) and agrees to go to his room where they have sex and she either drinks more or passes out before Ched Evans arrives and has sex with her when she was no longer in a state she could give informed consent. I am making no comment about the rights or wrongs of the case, but can only see this as the way the jury made their decision.

122 Re: Ched Evans on Tue Oct 06 2015, 11:32

Natasha Whittam

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Nat Lofthouse
Nat Lofthouse
According to the "official" evidence the girl couldn't remember a single thing about what happened in the room. Both Evans and Clayton McDonald (the other footballing ponce) stated that the girl happily agreed to sex with both men.

Don't get me wrong it's a sordid tale of stupid young men, but I can see why it's being reviewed.

123 Re: Ched Evans on Tue Oct 06 2015, 11:50

Chairmanda

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Andy Walker
Andy Walker
Natasha Whittam wrote:According to the "official" evidence the girl couldn't remember a single thing about what happened in the room. Both Evans and Clayton McDonald (the other footballing ponce) stated that the girl happily agreed to sex with both men.

Don't get me wrong it's a sordid tale of stupid young men, but I can see why it's being reviewed.

I agree Nat, though I struggle given that as the official evidence, how did the jury figure one was guilty and one was not? Think its good its being reviewed, though this must be causing all those involved much angst. One night of stupidity has had such a profound negative effect on so many

124 Re: Ched Evans on Tue Oct 06 2015, 11:53

Guest


Guest
Very hard to judge without seeing the evidence, best case for Evans he's still a slimy cunt, worst case he's a slimy cunt rapist.

Interesting to see what happens at appeal anyway.

125 Re: Ched Evans on Tue Oct 06 2015, 14:12

wanderlust

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Nat Lofthouse
Nat Lofthouse
I bet the victim was horrified when she was told his review was successful and Evans was free to appeal. The initial conviction for rape ameliorated criticisms about her own drunken and lewd behaviour and she's had so much (qualified) sympathy since the event that it could turn nasty for her if Evans is acquitted. She may even get imprisoned herself for perverting the course of justice or falsifying evidence.

126 Re: Ched Evans on Tue Oct 06 2015, 14:24

Natasha Whittam

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Nat Lofthouse
Nat Lofthouse
I was more concerned that she was caught urinating in a shop doorway.

127 Re: Ched Evans on Wed Oct 07 2015, 00:44

finlaymcdanger

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Andy Walker
Andy Walker
I'll bet there are quite a few clubs lying in wait, ready to snap him up if he is acquitted. Lennon?

128 Re: Ched Evans on Thu Apr 21 2016, 14:07

Sluffy

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Admin
Conviction quashed!

Footballer Ched Evans has had his conviction for rape quashed at the Court of Appeal in London, but will face a new trial.

The ex-Wales international was jailed in 2012 for raping a 19-year-old at a Premier Inn near Rhyl, Denbighshire.

The former Sheffield United, Manchester City and Norwich player was released from jail in October 2014 after serving half of his five-year term.

Mr Evans, 27, has always denied raping the woman.

Speaking outside court Mr Evans's solicitor Shaun Draycott said: "Ched Evans is extremely grateful that the court of appeal has ruled that his conviction for rape was unsafe and should be quashed."

The striker's case was referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC), which investigates possible miscarriages of justice in England, Wales and Northern Ireland, after new evidence emerged.

Lady Justice Hallett, Mr Justice Flaux and Sir David Maddison heard submissions over two days from Kieran Vaughan QC, for Mr Evans, and from Eleanor Laws QC, for the Crown.

Announcing the court's decision, Lady Justice Hallett said the judges heard "fresh evidence" during the appeal hearing on 22 and 23 March.

She said: "In summary, we have concluded that we must allow the appeal and that it is in the interests of justice to order a retrial."

The court quashed Mr Evans's conviction and declared: "The appellant will be retried on the allegation of rape."

Mr Evans and former Port Vale player Clayton McDonald admitted having sex with the woman on 30 May 2011, but said it was consensual.

Mr McDonald was acquitted of rape at their trial at Caernarfon Crown Court.

Mr Evans has not been signed by a new club since his release from prison.

http://www.bbc.co.uk/news/uk-wales-36099522

129 Re: Ched Evans on Thu Apr 21 2016, 14:19

Norpig

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John McGinlay
John McGinlay
i still think no one will sign him with a retrial to come, look at the mess Sunderland got in with Johnson

130 Re: Ched Evans on Thu Apr 21 2016, 14:39

gloswhite

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Youri Djorkaeff
Youri Djorkaeff
Well done Nat. You've always said the case wasn't right, and that we shouldn't condemn him out of hand.

131 Re: Ched Evans on Thu Apr 21 2016, 14:54

karlypants

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Nat Lofthouse
Nat Lofthouse
Hasn't he got really big ears!

132 Re: Ched Evans on Thu Apr 21 2016, 16:30

luckyPeterpiper

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Frank Worthington
Frank Worthington
I'm not sure he will be re-tried. I suspect the Crown Prosecution Service may well decide that there isn't sufficient likelihood of a conviction for a re-trial to be in the public interest. If as the judge said there is new, admissible evidence that wasn't available at the first trial that makes his conviction 'unsafe' then I can honestly see the CPS deciding to drop the whole thing. 

My brother is a barrister and he told me years ago that as a practical matter it's very hard to re-try someone once an appeal has quashed a conviction, especially one that has had a lot of publicity surrounding it. Only under the most extraordinary circumstances where the CPS believes they have a real chance of gaining a conviction again will a re-trial proceed. I suspect that this case will see the CPS asking for the judge to dismiss it on the grounds there is insufficient evidence to secure a safe conviction. 

I have to say Nat was right from the start. My own initial reaction was to bang him up till doomsday and that he should never be allowed to play professional football again but given what I've read and seen since plus this morning's events I have to admit I was wrong. Whether or not he'll ever be able to play in this country again is another matter though. Given how much stick he's likely to take from the terraces here I suspect he may find playing abroad (eg China, USA or Qatar) to be better for him.

133 Re: Ched Evans on Thu Apr 21 2016, 16:32

Natasha Whittam

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Nat Lofthouse
Nat Lofthouse
karlypants wrote:Hasn't he got really big ears!

:facepalm:

KP: always gets right to the heart of the issue.

134 Re: Ched Evans on Thu Apr 21 2016, 16:34

Natasha Whittam

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Nat Lofthouse
Nat Lofthouse
gloswhite wrote:Well done Nat. You've always said the case wasn't right, and that we shouldn't condemn him out of hand.

luckyPeterpiper wrote:I have to say Nat was right from the start.

I hope Ched Evans is aware I got him off.

135 Re: Ched Evans on Thu Apr 21 2016, 16:41

Guest


Guest
Natasha Whittam wrote:


I hope Ched Evans is aware I got him off.

By "getting him off", I'm assuming you mean when he watches your subscription only webcasts where you lie on your bed and stick random household objects up various holes, whilst moaning and saying "Ooh, yeah baby! That's so good"...?

136 Re: Ched Evans on Thu Apr 21 2016, 16:45

karlypants

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Nat Lofthouse
Nat Lofthouse
Natasha Whittam wrote:
karlypants wrote:Hasn't he got really big ears!

:facepalm:

KP: always gets right to the heart of the issue.
Very Happy

137 Re: Ched Evans on Thu Apr 21 2016, 16:53

wanderlust

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Nat Lofthouse
Nat Lofthouse
As I understand it, the conviction wasn't quashed but was deemed unsafe.
Therefore he still faces the charges - it's just that the judge ruled that his last court case wasn't up to scratch.
Therefore he still stands accused and will have to face retrial providing, as LPP mentioned, the CPS wants to go ahead - same as in any case.
As things stand, he's on a charge.

Glad the judge saw sense because going off what appeared in the public domain it did look a dubious conviction.

138 Re: Ched Evans on Thu Apr 21 2016, 16:57

Natasha Whittam

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Nat Lofthouse
Nat Lofthouse
Breadman wrote:
By "getting him off", I'm assuming you mean when he watches your subscription only webcasts where you lie on your bed and stick random household objects up various holes, whilst moaning and saying "Ooh, yeah baby! That's so good"...?

Glad you were watching. 10pm Friday for more of the same.

139 Re: Ched Evans on Thu Apr 21 2016, 17:01

wanderlust

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Nat Lofthouse
Nat Lofthouse
I thought the pool table triangle was a bit disappointing.

140 Re: Ched Evans on Thu Apr 21 2016, 17:18

Guest


Guest
Sorry, can't make this Friday.

I've run out of Luncheon Vouchers and won't receive my next allowance until Monday.

Unless you're happy to take Nectar Points again?

141 Re: Ched Evans on Thu Apr 21 2016, 17:22

boltonbonce

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Nat Lofthouse
Nat Lofthouse
I won't be tuning in for any filth.

'Hetty Wainthropp Investigates' is all I can manage these days.

142 Re: Ched Evans on Thu Apr 21 2016, 18:22

Reebok Trotter

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Nat Lofthouse
Nat Lofthouse
Sluffy wrote:Conviction quashed!



The court quashed Mr Evans's conviction and declared: "The appellant will be retried on the allegation of rape."

Mr Evans and former Port Vale player Clayton McDonald admitted having sex with the woman on 30 May 2011, but said it was consensual.


He's not out of the woods yet. He still faces a retrial.

143 Re: Ched Evans on Thu Apr 21 2016, 18:30

luckyPeterpiper

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Frank Worthington
Frank Worthington
wanderlust wrote:As I understand it, the conviction wasn't quashed but was deemed unsafe.
Therefore he still faces the charges - it's just that the judge ruled that his last court case wasn't up to scratch.
Therefore he still stands accused and will have to face retrial providing, as LPP mentioned, the CPS wants to go ahead - same as in any case.
As things stand, he's on a charge.

Glad the judge saw sense because going off what appeared in the public domain it did look a dubious conviction.
No lusty he isn't. His conviction was quashed, the judge stated that in those exact words. She added that the CPS has two months from today in which to indict him if they wish to do so. He is therefore a free man at this moment with no criminal record on unconditional bail pending a decision as to whether or not the Crown will charge him. 

I realise it's a small difference on paper but legally it's huge, he's now in the same position as a bloke who got nicked for say theft or burglary. He's not been charged, he is on bail while the cops investigate further then report to the CPS who decide whether or not it's worth charging him. This is why I believe this will not see a courtroom again.

144 Re: Ched Evans on Thu Apr 21 2016, 18:39

Guest


Guest
How can he be released on unconditional bail if the charges are no longer in play and his conviction's been quashed?

You can't impose bail conditions if you don't have active charges in force.

Therefore, the charges must still be recorded somewhere and be valid, surely?

145 Re: Ched Evans on Thu Apr 21 2016, 18:48

luckyPeterpiper

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Frank Worthington
Frank Worthington
Breadman wrote:How can he be released on unconditional bail if the charges are no longer in play and his conviction's been quashed?

You can't impose bail conditions if you don't have active charges in force.

Therefore, the charges must still be recorded somewhere and be valid, surely?
It's similar to police bail Bread. Effectively he's been arrested on suspicion of rape but no charges have yet been filed. He's on unconditional bail (exactly as he would be if he'd never been inside) while the investigation continues and a decision about whether or not he will be formally charged is made. 

Sky sports broadcast the judge's statement in full this morning. In it she ruled the conviction was quashed and that the CPS have two months in which to indict (charge) him again should they wish to do so. If they haven't indicted him by 21st June then that's it, he won't even face a courtroom. If they do indict him he'll be formally charged at that hearing then bail conditions (if any) will be set and so will a trial date. 

At the moment he's a suspect in an alleged rape case but he's not been charged with that or any other offence yet. I realise it can be confusing because lots of people (me included until my brother explained it using short words and simple sentences) don't realise that just because you've been arrested for something doesn't mean you've been charged with the offence. They're two different steps on the criminal procedure ladder.

146 Re: Ched Evans on Thu Apr 21 2016, 18:55

Guest


Guest
Thanks Pete but I already understand the difference between being nicked for something and being charged with the offence.

One follows the other once they've decided that there's enough evidence to make a case generally.

I just always assumed that when you got bailed "pending further investigation" (which is what this looks like to me), the charges went on your record with the caveat that they could be dropped at some point in the future if it was decided that there was insufficient evidence to mount a case.

Therefore, Evans would still have these charges on his record and hanging over him.

147 Re: Ched Evans on Thu Apr 21 2016, 19:12

luckyPeterpiper

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Frank Worthington
Frank Worthington
Breadman wrote:Thanks Pete but I already understand the difference between being nicked for something and being charged with the offence.

One follows the other once they've decided that there's enough evidence to make a case generally.

I just always assumed that when you got bailed "pending further investigation" (which is what this looks like to me), the charges went on your record with the caveat that they could be dropped at some point in the future if it was decided that there was insufficient evidence to mount a case.
Normally it would but there are occasions when a suspect is granted 'police bail' due to the seriousness of the allegation before he's formally charged with anything. Most often it's because of the time limit imposed on holding a suspect without the formal charges and is purely to keep the file open while investigations are ongoing. It's very common in assault and sexual assault cases for the police to use police bail as a means of ensuring said suspect doesn't use his freedom to approach either the complainants or witnesses while he's out and about. 

Technically Ched Evans is in this position. He's been arrested but there are no formal charges as yet pending further investigations into the allegations he faces. Because the nature of the allegation is a very serious matter he's been granted unconditional bail (ie police bail) rather than been released without charge and he'll have to report back to a named police station or court at a later date to be informed as to whether or not he will face formal charges. Effectively it's as if the last five years never happened. 

He could have been in the same position as now if he'd been arrested on Sunday and released on Tuesday before the deadline for questioning ran out and given police bail while they go talk to the girl and/or witnesses and review the other evidence (eg forensic if available) before they file a report with the CPS who then determine whether or not the evidence on offer is sufficient to warrant a formal charge. If they do he'll be called to court for indictment(charging) rather than 'committal' which is what happens when someone has already been charged and is being committed to Crown Court for trial. 

What I find most telling about the judge's statement this morning was the fact she said "New, admissible evidence that was not available at the original trial which would have made a conviction unsafe has been presented to this court." In other words she said he most likely would have been acquitted had it been presented five years ago. "Subsequently the conviction is hereby quashed. The Crown will have two months from today in which to indict the appellant at which time he will face a new trial." However the judge did not say the Crown has to indict him or that a trial must take place. 

That's why I am fairly sure he won't be re-tried. It might go to court so the CPS can formally say he has no case to answer or they may, just may charge him in order to allow them to ask the judge to instruct the jury to acquit him but I think that's very unlikely. Personally I think the matter will be dropped in the next two weeks or so on the grounds there isn't enough evidence to suggest a conviction could be safely attained and that because of that fact a re-trial would not be in the public interest.

148 Re: Ched Evans on Mon Jun 20 2016, 14:04

Boggersbelief

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Nat Lofthouse
Nat Lofthouse
He's signed for Chesterfield.

149 Re: Ched Evans on Mon Jun 20 2016, 14:56

wanderlust

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Nat Lofthouse
Nat Lofthouse
Boggersbelief wrote:He's signed for Chesterfield.
I'm amazed he's still got the requisite fitness to play professionally after such a long period out of the game.

150 Re: Ched Evans on Mon Jun 20 2016, 18:25

luckyPeterpiper

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Frank Worthington
Frank Worthington
wanderlust wrote:
Boggersbelief wrote:He's signed for Chesterfield.
I'm amazed he's still got the requisite fitness to play professionally after such a long period out of the game.
He probably doesn't but with more than seven weeks to go before the season starts he's got plenty of time to get into shape. It can't be denied he's a pretty skillful player and Chesterfield will probably feel his ability is enough to make allowances for a lack of fitness at this point. I suspect he's been doing at least some training himself so he probably isn't miles and miles away anyway.

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