To some extent, that's the scenario McDonald was in, she went to the room voluntarily with him, and he wasn't found guilty. Evans was different in that respect.
The application Ched Evans made was leave to appeal the conviction and the sentence. The application was made on the same form, it is just a question of ticking the boxes. The judges refused both applications. If they had granted leave to appeal the sentence but upheld the verdict Evans would have had to decide whether to appeal. He would have had to apply as a convicted rapist to have his sentence reduced. Whether he would have done that we don't know because he wasn't given leave to appeal. If I thought I was innocent I wouldn't have appealed on just the sentence.
No, just it might be. Just because somebody doesn't remember giving consent doesn't mean they didn't. It just means that the other available evidence is taken into consideration. The woman didn't remember consenting to sex with MacDonald but the jury was convinced she did.
I don't think the sentence application required an appeal, had the judges felt the sentence was inappropriate, they could have amended it themselves, I don't think it required any further court action. To be honest, I don't know why they bothered. The recommended sentence for the offence was 4-8 years and he got 5, there was little chance of them going against the decision of another judge for the sake of a year, they only ever act if the sentence was wildly wrong and that was never going to happen in this instance.
Are you not even slightly concerned about the lack of evidence in this case? From everything I've seen, it looks like little more than her word against his and even she didn't claim rape. I fully accept the principal of being in no fit state to consent, but I'm concerned about the lack of evidence in this instance and the fact that there were only two people in the room and one claimed consent and the other claimed memory loss.
If he'd stayed in the room and claimed she consented, it wouldn't have gone to court in the first place, but he left and can't testify about what happened after he'd gone.
He said he felt nervous his bird might ring him when his mate left and left to join his mate outside. Apparently she was all in a huff and just turned away and went to sleep. Then they walked back to his (?) house and slept there. Thats what he says anyway. ... So saying she woke up, had no idea how she got there and asked to see the cctv.
I meant MacDonald, not Evans. MacDonald was supposed to be staying there and seemingly they weren't strangers to sharing. The turn over/huff thing is only Evans version.
There is no lack of evidence, it was presented to the jury who made a decision. Without the full trial transcript I cannot say whether the evidence was sufficient to support his claim to be innocent. There is CCTV footage of Evans looking at the woman sprawled out in a bar. Evans said he didn't recognise her because he was looking at her legs not her face. There is CCTV footage of her falling over at the Kebab shop. The CCTV footage shown on Evans' website has gaps of just over a second between the frames. He know MacDonald had a bird but didn't bother to knock when he entered the room. MacDonald stopped having sex with her 10/20 seconds after he walked in. He wasn't bothered about the curtains being open when he was having sex with her but closed them for Evans. Evans stopped having sex with her as soon as MacDonald left. MacDonald told the receptionist she was sick which he later denied. The room was in Evans name but he lied to the receptionist to get a key to a room in his name. He left by the fire exit. The prosecution would have asked questions about all these things and the jury would seen the response of Evans and MacDonald. They gave contradictory answers to who asked if Evans could join in. I've got no idea what the video footage taken by his brother and mate showed but the jury will have seen it. The jury heard how drunk she was from the receptionist who would have been cross-examined by the defence. Did Evans ring MacDonald after receiving the text? He was asked about it and said he couldn't remember. Its possible his phone records show he did. I don't know what MacDonald said when he was cross-examined on it. She agreed to go to the hotel with MacDonald. Without any evidence to show she changed her mind the jury thought it reasonable that her actions amounted to consent. There is no evidence I've seen that she knew Evans would walk through the door. If she was beginning to pass out by then she couldn't have given her consent. Evans didn't leave any DNA evidence. The prosecution may have asked him and MacDonald whether he usually used the withdrawal method. If he didn't then the jury may have concluded that Evans didn't want to leave any evidence he'd had sex with her.
You say some, Charlie1, who are you speaking of? Have you considered that if there is a reasonable argument that this is a miscarriage of justice, then Chef may be a victim? I am looking at what I can now see, but all I have ever asked is why is the training wrong. What is your opinion?
What? Do you honestly be live that. Which bits do you think, Charlie1? Do you think the track ing offer wad inappropriate?
It did require further court action as I showed. The reason he included the sentence was if he lost the appeal he could get his sentence reduced. If he hadn't included it he would have to serve the full sentence either in prison or on licence.
