The NI Legacy Bill

Started by seafoid, September 07, 2023, 08:18:55 AM

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David McKeown

Quote from: Baile Brigín 2 on September 25, 2025, 01:25:44 PM
Quote from: David McKeown on September 24, 2025, 10:08:35 PM
Quote from: Baile Brigín 2 on September 24, 2025, 07:20:55 PM
Quote from: David McKeown on September 24, 2025, 06:44:49 PM
Quote from: Armagh18 on September 24, 2025, 11:18:37 AMhttps://www.rte.ie/news/ireland/2025/0924/1535079-solider-f/

Evidence from the other soldiers to be allowed, great boost for hopes of conviction.

True in so far as there couldn't be a conviction with out same but a conviction seems very unlikely if the reporting of same is accurate
Not sure. His statements, and by extension previous false ones, with the other two soldiers statements that they saw him in action and he boasted about it, are very damning. His only mitigation would be direct orders, and that won't save him.

I meant from a legal point of view. Convictions in which hearsay is the sole or decisive evidence are generally considered unsafe.

So given the reporting of the crowns application and Judge Lynchs written decision, my early feelings are that this is a case very unlikely to meet the high bar required for a conviction.

Also relatedly admission is only the first step, the judge will have to determine what weight he can safely place on same given the inability of the defence to cross examine.

It's certainly not impossible that a conviction would result but I'd be more surprised now if it did than I would have been two weeks ago.

None of this is anything to do with Solider F's guilt of innocence simply whether or not a safe conviction is likely.
But presumably that is all appelate court stuff? The judge has allowed the testimony which will say he openly admitted to murder and admitted it to two others who felt the need to put it in writing

No this will all be the legal issues the trial judge will have to consider at the close of the prosecution case.  Just because a statement has been admitted does not mean the Judge believes it or is willing to place weight on it.  Even if he does he will to determine if it amounts to the sole or decisive evidence against the accused.  If it is it is unlikely that a Judge will ever say in any case that a conviction based on hear say would be safe.

This is all well before any appellate court, which by the way because this is a diplock trial there is an automatic right of appeal too.
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Aaron Boone

#77
Amongst many, there is a direct correlation between the defined intent in the Bloody Sunday Inquiry and Soldier F's current court case.

It may seem a done deal from Judge Saville to Judge Lynch.
But the current court case is leaning towards F's favour and shows the difficulties of trialling events from 54 years ago.

Wildweasel74

Like many a case, 40yrs too late,

Armagh18

Verdict expected today.

Are we holding much hope of a guilty verdict?

johnnycool

Quote from: Armagh18 on October 23, 2025, 09:04:42 AMVerdict expected today.

Are we holding much hope of a guilty verdict?

He'll be in his own bed later tonight.

That will be the much vaunted British justice system at work.

Those who enabled him to act with impunity that day should be the ones in the dock along with him.

David McKeown

As I thought no way to a safe conviction.
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jb77


Banks of the Bann

Any hope of a civil case against him?

Armagh18


Brendan

Dont know how the families find the strength to keep going all this time with setback after setback

tiempo

That'll take the spotlight off Prince Andrew for a handful of hours

AustinPowers

That's the lid put  on  any other  legacy enquiries  going ahead then.

I'm sure this new  bill rolled out by   Benn and that  weasle Harris , will confirm as much

Munchie

Was never going to be any other outcome unfortunately.  State sponsored murder never going to be easy as the state make the laws.