The DUP thread

Started by armaghniac, December 31, 2022, 05:22:31 PM

Previous topic - Next topic

David McKeown

Quote from: Windmill abu on March 14, 2025, 10:09:35 PMIf getting a doctor to say you are too ill to stand trial is or isn't a valid position to take. It shouldn't prevent your co-accused trial going ahead.

Yes it should. Otherwise victims would have to relive the trauma twice in court.
2022 Allianz League Prediction Competition Winner

David McKeown

Quote from: Windmill abu on March 15, 2025, 12:17:35 AMManipulation of the legal system is as old as the courts.

Avoiding a trial by using whatever excuses are available, won't do you any favours with the jury when the trial goes ahead.

The jury shouldn't know. Probably hard to avoid in a high profile case like this but the jury will be warned.
2022 Allianz League Prediction Competition Winner

Windmill abu

Quote from: David McKeown on March 15, 2025, 08:48:06 AM
Quote from: Windmill abu on March 14, 2025, 10:09:35 PMIf getting a doctor to say you are too ill to stand trial is or isn't a valid position to take. It shouldn't prevent your co-accused trial going ahead.

Yes it should. Otherwise victims would have to relive the trauma twice in court.

If the victim has already given evidence in court and has been cross examined by a defence barrister. Couldn't that testimony be used in the other associated trial?
Never underestimate the power of complaining

David McKeown

Quote from: Windmill abu on March 15, 2025, 11:07:25 AM
Quote from: David McKeown on March 15, 2025, 08:48:06 AM
Quote from: Windmill abu on March 14, 2025, 10:09:35 PMIf getting a doctor to say you are too ill to stand trial is or isn't a valid position to take. It shouldn't prevent your co-accused trial going ahead.

Yes it should. Otherwise victims would have to relive the trauma twice in court.

If the victim has already given evidence in court and has been cross examined by a defence barrister. Couldn't that testimony be used in the other associated trial?

No
2022 Allianz League Prediction Competition Winner

Brendan

What's the bets Gordan Lyons will choose to attend the Antrim Armagh match hoping it won't go ahead

RedHand88

Quote from: Brendan on March 15, 2025, 11:33:30 AMWhat's the bets Gordan Lyons will choose to attend the Antrim Armagh match hoping it won't go ahead

Lol 4d chess right there.

Tony Baloney

Quote from: Brendan on March 15, 2025, 11:33:30 AMWhat's the bets Gordan Lyons will choose to attend the Antrim Armagh match hoping it won't go ahead
As a proud Antrim man I'd have no doubt that's his pick!

Aaron Boone

Gordon, Emma & Co getting good press and exposure this week in Washington. Rarely happens like that for them.

Nationalist politicians missing in action. They did give their reasons.

RadioGAAGAA

Quote from: David McKeown on March 15, 2025, 08:48:06 AM
Quote from: Windmill abu on March 14, 2025, 10:09:35 PMIf getting a doctor to say you are too ill to stand trial is or isn't a valid position to take. It shouldn't prevent your co-accused trial going ahead.

Yes it should. Otherwise victims would have to relive the trauma twice in court.

I take it there is protections in place to ensure at some point the trial will go ahead?

Can the victims request it so?


Otherwise it seems a very easy out.
i usse an speelchekor

Windmill abu

Quote from: RadioGAAGAA on March 15, 2025, 09:22:02 PM
Quote from: David McKeown on March 15, 2025, 08:48:06 AM
Quote from: Windmill abu on March 14, 2025, 10:09:35 PMIf getting a doctor to say you are too ill to stand trial is or isn't a valid position to take. It shouldn't prevent your co-accused trial going ahead.

Yes it should. Otherwise victims would have to relive the trauma twice in court.

I take it there is protections in place to ensure at some point the trial will go ahead?

Can the victims request it so?


Otherwise it seems a very easy out.
As I have already said it is a means to prevent a trial proceeding. The best way to prevent this is to revoke all bail and then we will see if the illness is genuine or a delaying tactic.
Never underestimate the power of complaining

David McKeown

Quote from: RadioGAAGAA on March 15, 2025, 09:22:02 PM
Quote from: David McKeown on March 15, 2025, 08:48:06 AM
Quote from: Windmill abu on March 14, 2025, 10:09:35 PMIf getting a doctor to say you are too ill to stand trial is or isn't a valid position to take. It shouldn't prevent your co-accused trial going ahead.

Yes it should. Otherwise victims would have to relive the trauma twice in court.

I take it there is protections in place to ensure at some point the trial will go ahead?

Can the victims request it so?


Otherwise it seems a very easy out.

Generally speaking there has to be good reason for a trial not to go ahead. It's up to Judges to manage the competing interests in that regard and there's plenty of things can be done but it's also hard to look behind a verified medical issue and I don't really think it should be looked behind.

Ultimately trials will run unless defendants die. It's very very difficult to delay trials indefinitely.
2022 Allianz League Prediction Competition Winner

David McKeown

Quote from: Windmill abu on March 15, 2025, 10:25:36 PM
Quote from: RadioGAAGAA on March 15, 2025, 09:22:02 PM
Quote from: David McKeown on March 15, 2025, 08:48:06 AM
Quote from: Windmill abu on March 14, 2025, 10:09:35 PMIf getting a doctor to say you are too ill to stand trial is or isn't a valid position to take. It shouldn't prevent your co-accused trial going ahead.

Yes it should. Otherwise victims would have to relive the trauma twice in court.

I take it there is protections in place to ensure at some point the trial will go ahead?

Can the victims request it so?


Otherwise it seems a very easy out.
As I have already said it is a means to prevent a trial proceeding. The best way to prevent this is to revoke all bail and then we will see if the illness is genuine or a delaying tactic.

That most certainly is not the best way to do it.
2022 Allianz League Prediction Competition Winner

BigGreenField

Dup losing its rag over a rounding error in the Grand Central station budget would drive you to distraction and make you think Jim Allister has a point on mandatory coalition. They have one job (from their perspective) which is to make NI a vaguely welcoming place to live and that would be enough to hold any lid on momentum for a border poll and they just can't do it! Jesus wept.



Wildweasel74

Is this sickness issue not out of Harvey Weinstein playbook? Surely past history of sickness needs to come into play?

David McKeown

Quote from: Wildweasel74 on April 03, 2025, 10:16:28 PMIs this sickness issue not out of Harvey Weinstein playbook? Surely past history of sickness needs to come into play?

It's very hard to look behind a medical letter from a doctor stating someone is unable to stand trial. If the issue was to continue the Court would examine in greater detail the nature of the issue and would make a decision on how to proceed balancing the triangulation of interests of the public, the prosecution and the defence.
2022 Allianz League Prediction Competition Winner