Dev,
You seem to be under the impression that I think Evans is innocent. That isn't the case.
I do understand what you're saying. Going by the law as it stands then Evans is guilty of rape. What, for me, casts doubt on the whole case is that another man committed the same crime, on the same night, but was found not guilty.
Are you trying to tell me that there isn't a tiny part of you that thinks that if the first bloke to have sex with her is innocent then the same verdict should be applied to the second man?
From what I have read it appears that everything Evans said in his defence or under cross examination in the witness box appears to be at best untruthful and at worst blatant lies. The evidence shows that he turned up at the Hotel uninvited, MacDonald said he never invited Evans so that much is clear. But Evans says he was invited although he has no text message to prove that was indeed the case.
Secondly, Evans said that the girl was not "Very Drunk", this evidence is contradicted by the receptionist at the Hotel who said she was falling down drunk. He also LIED to the receptionist and said the room was his, (it was booked in his name). That's how he got a key card, by lying.
When MacDonald left the hotel he told the receptionist that the "Girl in that room" is a bit sick, and to keep an eye on her. Evans sneaked out the fire exit.
Evans stated that the reason he left the Hotel immediately after sex was "I
n case his girfriend phoned him at the hotel". Now i'm pretty cynical by nature i'll admit, but that seems a trifle illogical to me. He was not concerned that she may have phoned him in the middle of him having sex in a hotel at 2 in the am but he was worried sick that she had some magic GPS tracking device planted in his phone?
MacDonald claims that the girl returned with him to HIS hotel room and the jury believed him. They believe in his case that she gave consent. I personally don't see the logic but as I have said consistently, I never heard all of the evidence, only what has been reported.
Due to Evans' evasiveness and apparent lies they probably simply did not believe Evans side of the story and were unwilling to give him the benefit of "Reasonable" doubt which they allowed MacDonald.
Don't forget while they were both accused of rape the two men's actions were different so the jury did not have to acquit or convict both men or none at all, It may have gone the other way and MacDonald would have been found guilty and Evans acquitted, although that was always a doubtful outcome going by the evidence i've read.