Michaela McAreavy Murder Trial-Will Justice be Done?

Started by Applesisapples, May 25, 2012, 09:10:24 AM

Previous topic - Next topic

The Real Gael

This court case again proves how much (most) solicitors and barristers are complete and utter scum bags

AQMP

This trial (with the quirks of a legal system not our own) is really no different to if the trial was being heard in Belfast.   It is a process to test the strength of the evidence against the accused.  The burden of proof is on the accuser not the accused.  It has nothing to do with the families of the victim other that in this case John McAreavey is appearing as a witness for the prosecution.  As such I would expect/hope he is being advised by the prosecuting barristers and solicitors.  Whatever you think about this particular crime and the accused, they are entitled to mount a robust defence.  Part of any defence is the attempt to introduce reasonable doubt into the minds of the jury.


Sandino

I have been following this case across a range of media outlets. Each outlet seems to be reporting slightly different pieces of information. I hate to say this but I fear the trial may be turned into a good local against a decadent westerner type of case by the defence lawyers. Also hearing the different pieces of information it is beginning to look like both the accused will be found not guilty. While this may be very painful for Michaela's family and friends if the accused are innocent they must not be sacrificed to protect the local tourist industry. I think we will see much more evidence which may surprise us all; this trial could have many turns yet. Let justice be done whatever way this turns out.

What the families are suffering after all they have come through is unimaginable.
"You can go proudly. You are history. You are legend''

Tony Baloney

Quote from: AQMP on May 29, 2012, 10:57:48 AM
This trial (with the quirks of a legal system not our own) is really no different to if the trial was being heard in Belfast.   It is a process to test the strength of the evidence against the accused.  The burden of proof is on the accuser not the accused.  It has nothing to do with the families of the victim other that in this case John McAreavey is appearing as a witness for the prosecution.  As such I would expect/hope he is being advised by the prosecuting barristers and solicitors.  Whatever you think about this particular crime and the accused, they are entitled to mount a robust defence.  Part of any defence is the attempt to introduce reasonable doubt into the minds of the jury.
Well put.

Jim_Murphy_74

Quote from: Sandino on May 29, 2012, 12:12:54 PM
I have been following this case across a range of media outlets. Each outlet seems to be reporting slightly different pieces of information. I hate to say this but I fear the trial may be turned into a good local against a decadent westerner type of case by the defence lawyers. Also hearing the different pieces of information it is beginning to look like both the accused will be found not guilty. While this may be very painful for Michaela's family and friends if the accused are innocent they must not be sacrificed to protect the local tourist industry. I think we will see much more evidence which may surprise us all; this trial could have many turns yet. Let justice be done whatever way this turns out.

What the families are suffering after all they have come through is unimaginable.

I am not sure they are really chasing the decadent westerner type as much as the bumbling KeyStone cops. Unless there is further evidence as you say they have done enough already to get acquittals.  From reports it seems they have shown:

1.  Scene not preserved and possibly tampered with by Police (moving biscuits around)
2.  Cop refusing to deny beating suspect and the judges comments
3.  Witness changing statements (after charges dropped...)
4.  Police not exercising all leads (from the spurious: laptop and book, to the critical: not interviewing German couple because of language barrier)
5.  No positive DNA results.
6.  Inexperience Police photographer
7.  Accused withdrawing confession
8.  Gaps in police reporting (2 hours missing...) of events

To be honest they would seem to have already done enough.  I think it's inevitable that this will get thrown out.

It's a shame for the families to have to go through with this charade.  It will shed little light on what actually happened.

/Jim.


Sandino

Well put Jim, I had decided not to put any details about why I think the case will be lost but you have hit most of the points in your post. There are however more examples of mistakes made by the police in the public domain. The reason I made the remark a cultural aspect was that the defence said that the book was at the crux of the defence case and that more information would show why.

As each one of these errors comes to light the pain will get worse for the families of both the victims and the accused.
"You can go proudly. You are history. You are legend''

AQMP

Quote from: Jim_Murphy_74 on May 29, 2012, 12:25:37 PM
Quote from: Sandino on May 29, 2012, 12:12:54 PM
I have been following this case across a range of media outlets. Each outlet seems to be reporting slightly different pieces of information. I hate to say this but I fear the trial may be turned into a good local against a decadent westerner type of case by the defence lawyers. Also hearing the different pieces of information it is beginning to look like both the accused will be found not guilty. While this may be very painful for Michaela's family and friends if the accused are innocent they must not be sacrificed to protect the local tourist industry. I think we will see much more evidence which may surprise us all; this trial could have many turns yet. Let justice be done whatever way this turns out.

What the families are suffering after all they have come through is unimaginable.

I am not sure they are really chasing the decadent westerner type as much as the bumbling KeyStone cops. Unless there is further evidence as you say they have done enough already to get acquittals.  From reports it seems they have shown:

1.  Scene not preserved and possibly tampered with by Police (moving biscuits around)
2.  Cop refusing to deny beating suspect and the judges comments
3.  Witness changing statements (after charges dropped...)
4.  Police not exercising all leads (from the spurious: laptop and book, to the critical: not interviewing German couple because of language barrier)
5.  No positive DNA results.
6.  Inexperience Police photographer
7.  Accused withdrawing confession
8.  Gaps in police reporting (2 hours missing...) of events

To be honest they would seem to have already done enough.  I think it's inevitable that this will get thrown out.

It's a shame for the families to have to go through with this charade.  It will shed little light on what actually happened.

/Jim.

From a personal point of view, sadly, I think you might be right Jim.

Sandino

More developments that will add to the hurt and pain of the families. The chances of justice being done are deminishing with each passing day I fear.

http://www.u.tv/News/Lawyer-for-Michaela-accused-walks-out/fbb07bda-8d1c-4e80-adc4-65bc9ee80f33
"You can go proudly. You are history. You are legend''

haranguerer

They're going down - theres no way an island as reliant on foreigners as mauritius is going to rig a court case against them.

Sandino

Quote from: haranguerer on May 30, 2012, 01:35:23 PM
They're going down - theres no way an island as reliant on foreigners as mauritius is going to rig a court case against them.

I agree, but perhaps the local police have done an O J Simpson and messed this up bigtime. I would also fear that the cultural differences will be played up later. As someone stated earlier its the job of the defence to create doubt any way they can. I hope I am wrong, but I think John is in for a torrid time in court.
"You can go proudly. You are history. You are legend''

orangeman

Like on the occasion of the death of Micheala, I'm really struggling with this story about the 21 year old from Wexford, brutally murdered in a place far away from home.

I just can't get my head round this one either and it's just so, so very sad and heartbreaking. I find it difficult to read the newspapers today about her funeral yesterday and I didn't know anything about the wee girl.

http://www.rte.ie/news/2012/0603/funeral-of-nicola-furlong-takes-place-in-wexford.html

stew

Quote from: haranguerer on May 30, 2012, 01:35:23 PM
They're going down - theres no way an island as reliant on foreigners as mauritius is going to rig a court case against them.

Jim is 100% correct I fear, given the loose way the court is being run, the shoddy police work and the alleged beating of the accused that was never denied.............................I fail to see how they will go down, i hope to god you are right though.
Armagh, the one true love of a mans life.

nrico2006

How is it that they do not have any DNA evidence from the accused on Michaela's body?

How much reliance can anyone place on this joke of a trial?  Suspects allegedly beaten to confess, 'star witness' was a co-accused who has turned tout for immunity etc.  The powers that in Mauritius will want a conviction, but in light of the evidence you would imagine that in any respectable vourt of law that based on the evidence they would be deemed innocent.  Yet given the complete balls up of a handling from start to finish and the importance of trying to limit any further damage to the islands reputation, it would not be surprising if the judge/jury have been instructed to deliver a guilt verdict and that this verdict has been agreed on long before the trial finished.
'To the extreme I rock a mic like a vandal, light up a stage and wax a chump like a candle.'

Applesisapples

They would not necessarily be deemed innocent but it would appear there are grounds for reasonable doubt. In relation to the DNA, thats's why they filled the bath with water, which would indicate criminal intentions at the very least.