Saturday, August 11, 2007

Equal under the law...

We knew, we've known for a long time that there's a lot of evidence the jury wasn't given when they were asked to decide whether it was proven, beyond reasonable doubt, that Clint Rickards, Bob Schollum and Brad Shipton, raped Louise Nicholas.

But it wasn't just other, similar, offences that the jury couldn't know about. The jury only got bits of Louise Nicholas's flatmate's testimony (the flatemate wouldn't come back from Australia). From Phil Kitchin:

When a witness refuses to come to court it is rare for their evidence to be used. But in a hearing before the trial of Mr Rickards, Shipton and Schollum defence lawyers argued that the jury should hear the flatmate's statements because they were crucial to the defence.

The Crown argued that if the statements were allowed, they should be read in their entirety. The defence won.

The judge did not allow part of the flatmate's last statement to police.

In it she said she didn't want the policemen coming around for sex but she felt she couldn't say no.
So not only was her statement read without the possibility of cross-examination, the defence got to choose which parts of her statement.

I'm glad the media is reporting this now, but I remember the headlines 18 months ago, about the flatmate's evidence, and how closely you had to read the articles to realise that the flatmate hadn't given evidence. If the media knew that part of the statement was omitted, then their reporting was even more flawed.

There is much, much more, in today's papers - I'll try and have some more tomorrow.

1 comment:

  1. Anonymous8:28 pm

    Louise Nicholas is a liar. She has accused so many people of rape that like the boy that cried wolf she was never going to be believed. I notice that all of you who claim to believe her conveniently leave all of this out....why no mention of the 5 maoris on horseback???? I am not saying the cops were innocent but it is ridiculous of you to claim they are guilty without pointing out the obvious integrity problems with regards to louise nicholas as a witness. Only they and Louise know what happened but as far as the community should be concerned these men are innocent of the rape of Louise Nicholas. They system we live under found them not guilty. The arguement about the suppressed information is also a red herring. Rickards was not implicated there so bring it in would of prejudiced his case while also saying because the other did x they must of done y. this is not how they system works. If that is the system you want move to a pro feminist islamic state. JP