Body & Soul1 min ago
Off !..on A Technicality
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It's not a technicality, baz.
To be found guilty of perjury one has to make false statements or give false evidence that materially effects the outcome of proceedings. As I understand it the judge ruled that Mr Coulson's false testimony did not influence the result of Mr Sheridan's trial. Of course it begs the question of why his evidence was introduced to the proceedings at all if it had no influence, but that's an entirely different question.
To be found guilty of perjury one has to make false statements or give false evidence that materially effects the outcome of proceedings. As I understand it the judge ruled that Mr Coulson's false testimony did not influence the result of Mr Sheridan's trial. Of course it begs the question of why his evidence was introduced to the proceedings at all if it had no influence, but that's an entirely different question.
No, and it didn't meet the England and Wales standard either, baz. It is not an offence to lie in court unless such falsehoods influence the outcome. His evidence did not have a material effect on the outcome of Sheridan's trial so no offence was committed.
Almost all acquittals such as this are termed "technicalities" but such technicalities are what the law is. Imagine if, say, a motorist was accused of driving without insurance in a car park. The law says that insurance cover must be in place for vehicles used on "a road or other public place". Some car parks are subject to Road Traffic Law (i.e. they do fall within the definition of "other public place"), some are not (mainly depending on how access is afforded to them).
If the driver successfully argued that the place where he was driving was not "a public place" he would be acquitted because he had committed no offence. The requirements to support a successful prosecution had not been proved. So it is with Coulson.
Almost all acquittals such as this are termed "technicalities" but such technicalities are what the law is. Imagine if, say, a motorist was accused of driving without insurance in a car park. The law says that insurance cover must be in place for vehicles used on "a road or other public place". Some car parks are subject to Road Traffic Law (i.e. they do fall within the definition of "other public place"), some are not (mainly depending on how access is afforded to them).
If the driver successfully argued that the place where he was driving was not "a public place" he would be acquitted because he had committed no offence. The requirements to support a successful prosecution had not been proved. So it is with Coulson.
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well done NJ
some much needed common sense
New J do you have a report of the judgement ? Burns J apparently
He got off on a Galbraith plea innit ? This for Baz' benefit is where the defence say that even if everthing the Crown is saying is true - there is no disclosed offence
and do you know if the Defence are claiming for "wasted costs" ?
because they did give notice to the Crown they thought the case was a non-starter.
Bazzo - the Crown Office ( Scots CPS ) are paid to know what is needed for a conviction for perjury - Tommy Sheridan has some trenchant things to say - I wish more people would....
( a waste of a million pounds and no one has lost their job )
some much needed common sense
New J do you have a report of the judgement ? Burns J apparently
He got off on a Galbraith plea innit ? This for Baz' benefit is where the defence say that even if everthing the Crown is saying is true - there is no disclosed offence
and do you know if the Defence are claiming for "wasted costs" ?
because they did give notice to the Crown they thought the case was a non-starter.
Bazzo - the Crown Office ( Scots CPS ) are paid to know what is needed for a conviction for perjury - Tommy Sheridan has some trenchant things to say - I wish more people would....
( a waste of a million pounds and no one has lost their job )
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