[arista]

One legal expert said it can still go to court
without the Suspect there.


[Labour Lord Janner will not face prosecution
despite facing credible evidence
The Director of Public Prosecutions
says decision made with 'deep regret' ]

Read more: http://www.dailymail.co.uk/news/arti...#ixzz3XU35azTB

[joeysteele]

It would seem that errors were made years ago as to investigating this, you cannot really have a fair trial where the person is likely to be unable to understand the charges or in anyway be questioned as to them.

If his dementia is as bad as is stated then his time is likely short now in any event.

As wrong as it may seem for no charges being brought,it would in such a case, serve no likely interest,public or otherwise, to have a trial at this time, decades ago would have been a different matter.

[kirklancaster]

Originally Posted by joeysteele

It would seem that errors were made years ago as to investigating this, you cannot really have a fair trial where the person is likely to be unable to understand the charges or in anyway be questioned as to them.

If his dementia is as bad as is stated then his time is likely short now in any event.

As wrong as it may seem for no charges being brought,it would in such a case, serve no likely interest,public or otherwise, to have a trial at this time, decades ago would have been a different matter.

I think the fact that he was a Labour Peer is irrelevant.

[joeysteele]

Originally Posted by kirklancaster

I think the fact that he was a Labour Peer is irrelevant.

I agree, I think if that dossier mentioned a while ago was ever produced and acted upon, all parties would probably have skeletons in the cupboards as to previous 'dubious' activities.

From my law angle,I would be saying this as to anyone, if they couldn't now understand the charges or be questioned,or be able to answer same to the point of also not being able to understand the court proceedings.
Then unfortunate as that may be, they cannot get a fair trial,if they cannot understand or speak in defence of themselves.

[kirklancaster]

Originally Posted by joeysteele

I agree, I think if that dossier mentioned a while ago was ever produced and acted upon, all parties would probably have skeletons in the cupboards as to previous 'dubious' activities.

From my law angle,I would be saying this as to anyone, if they couldn't now understand the charges or be questioned,or be able to answer same to the point of also not being able to understand the court proceedings.
Then unfortunate as that may be, they cannot get a fair trial,if they cannot understand or speak in defence of themselves.

No argument from me there Joey. As you say, if he is suffering from Dementia then he is incapable of defending himself and as unfortunate for British Justice as this may be, the decision not to prosecute is the correct one.

I do not think that there is ANY institution in this country (or any other for that matter) where some of the 'members' do not have 'skeletons in the closet' - and that includes the Judiciary.

[arista]

Originally Posted by kirklancaster

No argument from me there Joey. As you say, if he is suffering from Dementia then he is incapable of defending himself and as unfortunate for British Justice as this may be, the decision not to prosecute is the correct one.

I do not think that there is ANY institution in this country (or any other for that matter) where some of the 'members' do not have 'skeletons in the closet' - and that includes the Judiciary.

Wrong
it can still go ahead
without him in Court.

[joeysteele]

Originally Posted by arista

Wrong
it can still go ahead
without him in Court.

That would be ridiculous and with respect I studied law.
If he just wasn't turning up, that would be a different thing altogther and he could be tried in his absence.

If he is however unable to even enter a plea as to not guilty or guilty,especially if he has someone who has to act as his power of attorney as to everyday affairs too,then it would be inhumane to hold such a trial.

As unfair as that is for no trial to be possible in anyones interests.
If his dementia is at the stage his Doctors have said, so bad that he could not take part or understand the proceedings,then it would likely be thrown out of court anyway.
No judgement could justifiably be made and I doubt any judge would do so either.

You are surely aware of what dementia is,memories, of people, including family and friends, life and events.good and bad, all gone for good.

[arista]

"That would be ridiculous"

But its been done before with some Ill suspects
not in Court.

FACT


He can not answer any questions at all.

But the Public want the case in court

Watch Ch4HD News tonight

[joeysteele]

Originally Posted by arista

"That would be ridiculous"

But its been done before with some Ill suspects
not in Court.

FACT


He can not answer any questions at all.

But the Public want the case in court

Watch Ch4HD News tonight

What has his Doctors said, they will have medical evidence to back it up, it is not easy to get out of going to court arista.

If he cannot answer questions and it is deemed he wouldn't understand the proceedings and therefore could not enter a plea even, how then could he 'stand' trial.
That is the operative and vital word, 'stand' trial.
An accused 'stands' trial,having the right to defend themselves,with dementia as bad as his is stated to be,he could not do so.

You cannot stand trial if you really,due to dementia,don't understand what is going on in the first place.

If the medical evidence is as strong as stated then the public will unfortunately in this case, be sorely disappointed.
If it went ahead, then was deemed on the trial date or even the entering of a plea date, that no fair trial could be conducted due to the dementia,then the public would moan even more at the costs and wasting of court time that may possibly be incurred.

Oh and your thread title is wrong, he is not guilty of anything yet, not even charged even,he would only be guilty if he was found so by a jury or pleaded guilty himself at a 'fair' trial where both sides were fully heard and considered.
The media are important at times but they have not yet, thank goodness, replaced the rule of law in the UK as to being judge and jury.

[arista]

Yes thats why the Evil Man is not in Court
Joey

[Kazanne]

Dirty old bastard.

[arista]

On Ch4HD News now


The Police Chief has said its wrong
the Victims should their day in court
without the 86year old Labour Peer


He raped young Boys

[arista]

Kizzy he is the one

[joeysteele]

Originally Posted by arista

On Ch4HD News now


The Police Chief has said its wrong
the Victims should their day in court
without the 86year old Labour Peer


He raped young Boys

Then perhaps the Police should have pressed harder when allegations were made before.

The DPP has said there will be no trial because he could not even instruct his lawyers.
So therefore no sentence could be given either.

As I said, as bad and as sad as the situation is,he could not have a fair trial, that everyone is entitled to in the UK.

[JoshBB]

Disgusting.

But he has dementia, the case is really messy and it is unlikely he is well enough to go on to commit any more crimes. That doesn't excuse it, but the whole trial is difficult when as joeysteele said he cannot be questioned properly.

[Livia]

Originally Posted by joeysteele

That would be ridiculous and with respect I studied law.
If he just wasn't turning up, that would be a different thing altogther and he could be tried in his absence.

If he is however unable to even enter a plea as to not guilty or guilty,especially if he has someone who has to act as his power of attorney as to everyday affairs too,then it would be inhumane to hold such a trial.

As unfair as that is for no trial to be possible in anyones interests.
If his dementia is at the stage his Doctors have said, so bad that he could not take part or understand the proceedings,then it would likely be thrown out of court anyway.
No judgement could justifiably be made and I doubt any judge would do so either.

You are surely aware of what dementia is,memories, of people, including family and friends, life and events.good and bad, all gone for good.

Succinctly put, Joey.

[Kizzy]

I don't see why it can't go ahead, Saviles did... Just because he's now infirm doesn't mean it didn't happen, I say the victims deserve this to be heard.

[bitontheslide]

If he has dementia as bad as indicated then a trial is not worth it. However, we had the famous Guinness man who made a remarkable recovery, so it is a ploy that successfully worked before. I would like to see a truly independent thorough examination and confirmation before any case like this is abandoned

[Kizzy]

So what if he's ill? Savile was dead and he had a trial... it could still go ahead. It's going to be like this for every MP or peer implicated they will find a way for them to worm out of it, it's sickening!

[Kazanne]

Originally Posted by Kizzy

I don't see why it can't go ahead, Saviles did... Just because he's now infirm doesn't mean it didn't happen, I say the victims deserve this to be heard.

[kirklancaster]

Originally Posted by bitontheslide

If he has dementia as bad as indicated then a trial is not worth it. However, we had the famous Guinness man who made a remarkable recovery, so it is a ploy that successfully worked before. I would like to see a truly independent thorough examination and confirmation before any case like this is abandoned

I agree here. An impartial, thorough assessment.

[arista]

Originally Posted by Kizzy

I don't see why it can't go ahead, Saviles did... Just because he's now infirm doesn't mean it didn't happen, I say the victims deserve this to be heard.

Yes the Police Chief said that as well

[Kizzy]

So the victims shouldn't expect justice? I'm sorry I can't accept that.

[joeysteele]

Originally Posted by bitontheslide

If he has dementia as bad as indicated then a trial is not worth it. However, we had the famous Guinness man who made a remarkable recovery, so it is a ploy that successfully worked before. I would like to see a truly independent thorough examination and confirmation before any case like this is abandoned

2 of the Doctors official medical reports were ordered and actioned by the DPP to be done before the DPP went about deciding if he could stand trial and understand what was going on as to court proceedings.

Those medical reports confirmed the other 2 from other Doctors,,there are 4 reports in all,even stating he would not be able to even instruct his lawyers

He was independently examined and assessed and sadly at this point in time,as I am sure you know already, dementia cannot be reversed or for that matter improved.

[kirklancaster]

Originally Posted by joeysteele

2 of the Doctors official medical reports were ordered and actioned by the DPP to be done before the DPP went about deciding if he could stand trial and understand what was going on as to court proceedings.

Those medical reports confirmed the other 2 from other Doctors,,there are 4 reports in all,even stating he would not be able to even instruct his lawyers

He was independently examined and assessed and sadly at this point in time,as I am sure you know already, dementia cannot be reversed or for that matter improved.

Very informative Joey, Thank you.