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Thread: Nicholas rape trial outcome discussion

  1. #346
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    Every alleged rape victim that takes the complaint through to court goes through that horrible experience. She may get some satisfaction eventually, we'll all have to watch this space.

  2. #347
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    Quote Originally Posted by spudchucka
    There's medication that can help.
    You're a cop. I believe you. Can I try some of yours??
    Do you realise how many holes there could be if people would just take the time to take the dirt out of them?

  3. #348
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    Quote Originally Posted by MSTRS
    You're a cop. I believe you. Can I try some of yours??
    It makes you feel like this.......:spudwow: .

  4. #349
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    Quote Originally Posted by CaN
    Well ok, I really don't know what to take from your reply.
    Because the last paragraph looks to me like you support the position.

    So for the sake of clarification, may I please request a straight answer. Do you, in this case (the rape case which is the subject of this thread) believe that evidence of prior conviction relating to rape (if any) should have been presented to the jury?
    That is what the problem is. It doesn't matter what I think. I wasn't on the jury. I wasn't a defence lawyer or prosecutor. I have heard stories only and read the gospel according to KB.

    The evidence of a prior conviction does not have anything to do with the current case. That is the position. That is how it is. That is what I am pointing out. Dunno if I can point it out any straighter...

    The call was and continues to be the Police suppressed the information. That is WRONG.

  5. #350
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    Quote Originally Posted by MSTRS
    You (deliberately?) misunderstand....I do not say that ranks were closed, only that the perception in the public eye is that it could be so. The investigation/trial could also just be so much window dressing to give the impression of absolute impartiality. The spending of a few million dollars in this fashion to raise public opinion of the police would be well spent were the above true. Interestingly enough, the 'voices' are kinda silent on this one.
    "Could" have closed ranks...how about couldn't/didn't...
    "Could" the investigation be window dressing...what about Couldn't/wasn't...

    Sounds like maybes again... conspiricies again... many maybes...little facts...

  6. #351
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    Quote Originally Posted by CaN
    In short yes, in all rape cases and some others. As stated in a previous post, I feel it goes to capacity and propensity to commit the crime. I really don't think I could rape, I really don't think I could murder. Some have no such qualms. How does a jury distinguish?

    No not because they are Police.

    Sure if I was the defendant in a crime and had priors I would want it supressed, whether I committed this one or not. But do I deserve to have it supressed? Maybe I should have thought that my past would haunt me and not committed the first bloody one.
    Fair call, but... what if one of the three had no convictions and one or two did. It "may" have been a group orgy / it "may" have been rape. That is what has to be decided.

    The prior is admitted and all three are convicted ONLY because of the prior of one. "If" it was an orgy/consentual, is it then fair they all go down for rape only because one had a prior?

  7. #352
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    Quote Originally Posted by Clockwork
    As things stand is this supression order indefinate? Do they normally expire?
    This depends on the nature of the supression order. Some (such as those to protect the identity of victims and their families) will be permanent.
    "Standing on your mother's corpse you told me that you'd wait forever." [Bryan Adams: Summer of 69]

  8. #353
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    Quote Originally Posted by Patrick
    "Could" have closed ranks...how about couldn't/didn't...
    "Could" the investigation be window dressing...what about Couldn't/wasn't...

    Sounds like maybes again... conspiricies again... many maybes...little facts...
    That's the point that some of us are making.....we can't be 100% sure that all is above board in this instance because of past indiscretions on the part of the police. Still - it is the best we have, and we have to have some trust, don't we? With a healthy dollop of cynicism.
    Do you realise how many holes there could be if people would just take the time to take the dirt out of them?

  9. #354
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    But didn't LN's nightmare with the police start when she was living in Murapara at age 13..?
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  10. #355
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    Quote Originally Posted by Patrick
    The call was and continues to be the Police suppressed the information. That is WRONG.
    Are you sure it's the Police that suppress this kind of info? I think it's the Judge isn't it? Not sure but someone here will know?

    I've tried to read up as much as I can on this and my opinion is that while the outcome has not been 100% satisfactory to everyone, it is at least an outcome that has some integrety. LEGALLY the outcome was always going to go that way unless there was a highly creditable witness, OR some solid evidence on the prosecutions side. LN may have lost the legal battle (in the court) but she definately won the more public moral one!

    So..

    This has neatly solved a problem for the NZ Police and now made it highly unlikely that a certain person will make it to the top job!

    However, like a good thriller, the sub plots and side issues are probably as interesting as the main event!

    My opinion on the history of this is.

    At the time of the initial complaint, I would think that certain people in the Police in the area were of a like mind, ie it's a big boofy boys club! Perhaps the original investigation was tainted by this and LN was probably not viewed as a serious complainent. Undoubtably this was wrong but not necessarily corrupt! (Corruption would assume that a certain person was protected for $$?) My feeling is that she was terribly unlucky and had she been dealt with by another person then she may have had a different result. At that time, the world was a different place and there was a lot of 'boys club' mentality in the Police, some unscrupulous people took that too far!

    Time moved on and due to patronage, a bit of luck and some ability someone did OK! All of a sudden you have a LOT to loose and you need to revisit the past and make sure the objective evidence disappears. Again, this would not really be corruption, just one or 2 bad eggs in a pretty large organisation.

    Time moved on some more and eventually, it gets to the stage where the mass of circumstance can no longer be ignored because someone is about to step into the big job and due diligence is carried out! Everyone knows he's dodgy, everyones pretty sure he did it or at least, made some very poor choices and the media for one are just waiting for the announcement before they ask the big question.

    Before it all goes terribly bad he is taken out in the only way they can.

    In summary, I belive LN was abused by these men BUT she was daft enough to put herself into the situation. She has my sympathy but there was more she could have done earlier.

    The 3 accused? Nothing but contempt!

    The Police? Eventually they came good BUT they need to learn from this (we all do). Pyschopaths are VERY convincing and often get into positions of great power. The Police, Social workers, Prison Guards etc needs to be very careful! They come into contact with vunerable people all the time, there is a very fine line between having a relationship or taking advantage!

  11. #356
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    Quote Originally Posted by CaN
    Just interested scummy, do you agree in this case because of this case or you think there should be a wider scope?


    I don't see it as necessary or desirous to release information on prior convictions in all cases.

    In short yes, in all rape cases and some others. As stated in a previous post, I feel it goes to capacity and propensity to commit the crime. I really don't think I could rape, I really don't think I could murder. Some have no such qualms. How does a jury distinguish?

    Sure if I was the defendant in a crime and had priors I would want it supressed, whether I committed this one or not. But do I deserve to have it supressed? Maybe I should have thought that my past would haunt me and not committed the first bloody one.
    In answer to your question: I do not believe ANY prior convictions should be release to the jury - they are judging the case on front of them on the evidence relating directly to THAT crime.

    IF priors WERE to be released how (and who) decides whacases get what rpiors released?
    Only similar types of offence?
    Only going back 5 or 10 or 20 years?
    And what if three defendants/one with priors?

    I think the releasing of priors is threatening two perceptions of law" innocent until proven guilty" and :better 99 go free than 1 be wrongfully convicted.

    As far as your last statement, is it a troll? Do you think your ONE prior conviction (if you had one) should haunt you for the rest of your life?
    When your 18 and young/dumb/full of cum you do 'stuff' without thinking about tomorrow, - let alone 'will this bite me in the arse 20 years down the track"
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  12. #357
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    [QUOTE=Paul in NZ]Are you sure it's the Police that suppress this kind of info? I think it's the Judge isn't it? Not sure but someone here will know?

    You've read me wrong... Defence would agrue for suppression, judge would grant it coz it is completely prejudicial. Prosecutors (Police) would want it...

  13. #358
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    Corruption doesn't necessarily involve bribes. It could be a reluctance to prosecute members of the ruling party, it could be a senior Police Officer using his rank to avoid a prosecution. it could also be the allocation of resources to suit a Govt's financial needs, rather than the victims of crime.
    Money doesn't have to change hands.

    BTW Scummy, aren't there times when previous convictions may be revealed during a trial? Such as when a defendant introduces his character as a factor.
    Speed doesn't kill people.
    Stupidity kills people.

  14. #359
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    Quote Originally Posted by Lou Girardin
    .

    BTW Scummy, aren't there times when previous convictions may be revealed during a trial? Such as when a defendant introduces his character as a factor.
    True, but I got the impression from some that they wanted the introducing of 'prior's was to be de riguer in all cases.

    And in the case you mentioned it is to refute a claim of impecable character when the guy is actually a low-life arse-hole. (shows him to be untruthful for a start).
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  15. #360
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    Quote Originally Posted by Lou Girardin
    BTW Scummy, aren't there times when previous convictions may be revealed during a trial? Such as when a defendant introduces his character as a factor.
    If a defendant gives evidence as to their own good conduct then the prosecution can give rebuttal evidence, which could include evidence of prior offending.

    There are a few exceptions to the rule, for example, evidence of prior offending can be given in cases involving the receiving of stolen goods. I haven't looked into this for years but as I recall you can produce the defendants history of the same type of offending going back five years.

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