Lurgan

[David McKeown]

I'm going to say it again, and I'm no legal expert, but are we risking contempt of court with this thread, E.g. commenting on a persons character is highlighted by the Attorney Generals Office as a risk. Why not just shut it down and let the court case take its course. I'm pretty sure that's the best way to support the family. There'll be plenty of other places where it'll be poured over, but GAA Board should avoid in my opinion.

I dont think so, I certainly cant see any legal basis how we would be

[Sportacus]

Ok, I'm no expert, will leave it to those on here who know their stuff legally, but I did notice a warning not to refer to a defendants character.  Seems like one to be careful about. 

[LC]

You cant help but think if this case was in the states Netflix would be all over it already.

[David McKeown]

Ok, I'm no expert, will leave it to those on here who know their stuff legally, but I did notice a warning not to refer to a defendants character.  Seems like one to be careful about.

The reason people are encouraged not to discuss ongoing cases on social media is essentially a simple one. The trier of fact should decide all evidence based solely on the admissible evidence presented at trial. The concern is that if a juror has a knowledge of matters not in evidence it may sway their decision. Judges when sitting as a trier of fact are assumed to have the requisite legal knowledge to know how to put any inadmissible evidence out of their mind.

That said it doesn't make it a crime to discuss an ongoing case on social media particularly if it's limited to the information that's already in the public domain. With some exceptions that means it's perfectly fine to discuss anything discussed in court.

The most troubling inadmissible evidence juries could hear is bad character evidence so it's crucial they avoid that.

All that said the onus is on jurors to avoid the information. And it is jurors who could face sanction if they fail to disclose anything they know about a case or anyone involved.

Discussions of live cases only really would become a problem if the jury pool became so contaminated that a jury couldn't be assembled of 12 peers with no prior knowledge. Even in our small jurisdiction that would be extremely unusual and if it did arise we can if certain conditions are met have non jury trials. The scope for moving trials or holding non jury trials is far narrower in England so they have different rules.

[Eamonnca1]

Will there be a jury on this one? What's the criteria for a jury trial; is it just for the really serious stuff like this?  Juries are used left right and centre here in the states but I hear they're used less frequently in the UK.

[Armagh18]

Ok, I'm no expert, will leave it to those on here who know their stuff legally, but I did notice a warning not to refer to a defendants character.  Seems like one to be careful about.

The reason people are encouraged not to discuss ongoing cases on social media is essentially a simple one. The trier of fact should decide all evidence based solely on the admissible evidence presented at trial. The concern is that if a juror has a knowledge of matters not in evidence it may sway their decision. Judges when sitting as a trier of fact are assumed to have the requisite legal knowledge to know how to put any inadmissible evidence out of their mind.

That said it doesn't make it a crime to discuss an ongoing case on social media particularly if it's limited to the information that's already in the public domain. With some exceptions that means it's perfectly fine to discuss anything discussed in court.

The most troubling inadmissible evidence juries could hear is bad character evidence so it's crucial they avoid that.

All that said the onus is on jurors to avoid the information. And it is jurors who could face sanction if they fail to disclose anything they know about a case or anyone involved.

Discussions of live cases only really would become a problem if the jury pool became so contaminated that a jury couldn't be assembled of 12 peers with no prior knowledge. Even in our small jurisdiction that would be extremely unusual and if it did arise we can if certain conditions are met have non jury trials. The scope for moving trials or holding non jury trials is far narrower in England so they have different rules.

Likely why the main manchester united forum has banned Greenwood discussion. Good to know.

[brokencrossbar1]

Will there be a jury on this one? What's the criteria for a jury trial; is it just for the really serious stuff like this?  Juries are used left right and centre here in the states but I hear they're used less frequently in the UK.

Are you actually serious?  Jury trials in all cases bar cases where there's likely to be interference with the jury or terrorist related cases....the old fashioned Diplock trials.
If what is in the public is to be believed this is really a sick individual. It's like he has sat watching Criminal Minds or the like and said to himself 'how can I become famous?'  I suspect a lot more will actually makes its way into the public about his life. I suspect it will paint a picture of a weird individual

[nrico2006]

So he was her boyfriend and father of child?
How strong is the evidence really? Can't prove it was him walking from the estate and even if it was him surely that wouldn't be strong enough for a conviction. Is there much disclosure of actual evidence, i.e. DNA etc.?

[seafoid]

So he was her boyfriend and father of child?
How strong is the evidence really? Can't prove it was him walking from the estate and even if it was him surely that wouldn't be strong enough for a conviction. Is there much disclosure of actual evidence, i.e. DNA etc.?

I didn't see any mention of him as father of the child.

[quit yo jibbajabba]

Wtf was the motive...

[Milltown Row2]

Wtf was the motive...

Netflix fame!!

[Gabriel_Hurl]

Jimmy Nesbitt nailed on to play the cop in the TVversion

[Orior]

You cant help but think if this case was in the states Netflix would be all over it already.

It's got a Columbo feel about it.

[David McKeown]

Will there be a jury on this one? What's the criteria for a jury trial; is it just for the really serious stuff like this?  Juries are used left right and centre here in the states but I hear they're used less frequently in the UK.

I'd be very surprised if there wasn't. I'm not sure exactly what you are asking but there are two tiers of criminal courts in NI. The Magistrates Court which initially deals with all criminal cases and the crown court which deals only with the most serious of cases. There is no jury in the magistrates court but there are juries in nearly all Crown Court cases. The Director of the PPS can issue a non jury certificate in the Crown Court under certain circumstances. These are rare though except for terrorist related offences and would only be sought in cases that were considered too legally complicated for juries or too risky to have a jury. 

Whilst all cases start in the Magistrates Court not all finish there. There are 4 categories of offences. At one end of the scale Indictable only. These are really serious offences like murder, rape, treason etc. and can only be dealt with in the Crown Court.  At the other end of the scale is summary only offences. These are the minor offences like speeding and disorderly behaviour. They can only be dealt with in the Magistrates Court. Then we have Hybrid and Indictable triable summarily(I/TS). These can be dealt with in either court. For Hybrid the decision of the PPS. For I/TS both the defendant and the crown must agree to deal with cases in the Magistrates Court otherwise it's dealt with in the Crown.

The maximum sentence in the Magistrates Court is 12 months or less for most offences with some limited exceptions. Because we have legally qualified judges in the Magistrates Court we deal with an awful lot more cases there than they do in England

[Armamike]

You cant help but think if this case was in the states Netflix would be all over it already.

It's got a Columbo feel about it.

Was thinking the same.  The same type of planned behaviour.  Very chilling.