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AIBU to ask if Ched Evans conviction is overturned...

(52 Posts)
benfoldsfive Thu 08-Jan-15 08:14:40

That he should then be allowed to continue his life as normal?

Or will we doubt the credibility of the appeals system?

TheCowThatLaughs Thu 08-Jan-15 08:17:44

Wouldn't it be a bit difficult to overturn his conviction due to him being convicted on his own account of what happened, ie that he admitted to rape?

BauerTime Thu 08-Jan-15 08:19:04

Hasn't he already appealed twice and the verdict hasn't been overturned either of those times?

BOFster Thu 08-Jan-15 08:20:08

There a several threads about this already- why don't you have a read of them? You'll see this point has come up many times with people's views (among which is the point that Ched Evans is nowhere near having a leave to Appeal granted as there have been no grounds established). HTH.

DoctorDonnaNoble Thu 08-Jan-15 08:20:27

He's already tried several appeals. However, I'd like to think if new evidence came to light people would change their minds. It seems unlikely given his evidence though.

dragonfly007 Thu 08-Jan-15 08:21:19

Personally it depends on the reason for the appeal to be successful, any conviction can be overturned but that doesn't necessarily mean the defendant wasn't guilty of the crime committed.

I went to school with a girl who committed a murder, appealed which was successfully overturned due to a technicality. It didn't mean she was innocent !

BOFster Thu 08-Jan-15 08:22:43

Bauer, he hasn't appealed twice, no: he has applied to the Criminal Case Review board for permission to appeal, as any convicted person can, and they've said no, as it would be a waste of court resources as he has shown no grounds that suggest his conviction was unsafe.

TheCowThatLaughs Thu 08-Jan-15 08:23:32

If new evidence came to light, if it was found that he was beaten by the police to force his confession for example, then yes of course he should be able to appeal, and it would be a terrible miscarriage of justice, but is that likely?

aermingers Thu 08-Jan-15 08:26:00

Yes. It's with the Criminal Case Review Commission. If it's overturned I will respect what the law says. But as it stands the law says he's a rapist and I don't think he should be resigned by a football club. I pity any female staff at Oldham who may have to work alone with him. Can you imagine the Christmas parties? Jeez, you'd be scared to have half a shandy if he was there.

ApocalypseThen Thu 08-Jan-15 08:27:54

Not very likely, since he wishes to be exonerated based on his personal definition of rape rather than the accepted legal definition.

BOFster Thu 08-Jan-15 08:29:58

There are two long threads here and also here which cover all of this very thoroughly with lots of relevant links. There have also been another four shorter threads since yesterday covering the same ground.

I'm not sure what the purpose of yet another thread is, apart from perhaps grinding down the patience of posters who have been able to patiently explain the issues at hand to people whose only information comes from Ched Evans' own website (paid for by his millionaire father-in-law, and currently being investigated by the Attorney General for harassment of his victim and contempt of court).

benfoldsfive Thu 08-Jan-15 08:30:00

Bo, I have no desire to wade through threads about petitions, to maybe - just maybe stumble across a few comments. I am solely interested in what people would think of our justice system and how he would be treated, that's all. HTH

Icimoi Thu 08-Jan-15 12:00:13

BOFster, he hasn't applied to the CCRC for permission to appeal - they're not a court. He has applied twice to the courts and has been refused. The CCRC is simply an independent body which investigates cases where it is alleged that there has been a miscarriage of justice and decides whether to help with any further application for permission to appeal.

As for this hypothetical situation, I will worry about it if it happens. For the reasons given, it really isn't looking too likely.

squoosh Thu 08-Jan-15 12:10:16

Yes the CCRC can't find him innocent. They will just examine whether the initial process was sound and if he should be allowed a further appeal. If they decided he had grounds for appeal it would then go back to the courts. Only the courts can overturn the conviction.

I really can't see this happening.

Thisishowyoudisappear Thu 08-Jan-15 12:14:59

Don't worry OP, his conviction isn't going to be overturned.

HTH.

notauniquename Thu 08-Jan-15 12:16:12

As I understand it he wants to have the conviction over turned based on him saying that she did consent to him coming in a room where she was having sex with another guy, a room that he wasn't invited to, a room that he only knew the girl was in because his friend had text him "something to the effect of having met a girl" a room where he lied to hotel staff to get the key, and a room he left via a fire escape rather than walk out the main doors.

So he wants to turn it into a he said she said thing.

They hope that some evidence is going to come from Face book because they say it's suspicious that a girl who has just been raped goes and spring cleans her face book account deleting messages around the time of the offence. (their hope is that she was boasting about shagging a footballer).

He, and his family are just grasping at straws and trying to make the girl out to be some sort of drunken liar that gets drunk and has sex all the time.

They suggest that a note written at the top of the page in the police report insinuating that he may he a rapist was clearly written first. so that the police clearly never gave them a chance. (rather than notes being written in any order.)

If this mythical evidence did magically turn up I'd still think it was a pretty crappy thing that he broke into a room he knew people were having sex in just to get involved.

Even in the unlikely event that his rape conviction is overturned, the kind of person that interoperates a text messages saying "I've met a girl and am going back to the hotel" as go get yourself a key card and join in the fun is not a good role model, and should not be in a prominent position anywhere in society, and should never even entertain the idea that they should be worthy to think about playing for their national team...

(I imagine that if anyone knew what that text message actually said (instead of just something about a girl) that it's only serve to incriminate him more!)

clam Thu 08-Jan-15 21:48:04

He's still a low-life cheating bastard, even if he did, by some miracle, get leave to appeal and his conviction was overturned. But that's not going to happen.

ilovesooty Thu 08-Jan-15 21:53:40

Of course it isn't going to happen. He admits what he did. He didn't think it was rape. Thankfully the law says otherwise.
I think you can reasonably stop wondering OP.

Alisvolatpropiis Thu 08-Jan-15 21:55:30

It's not going to be overturned.

CaptainHolt Thu 08-Jan-15 21:55:34

I don't know what 'continue his life as normal' means.

Not be subject to the conditions of his licence? He wouldn't be if his conviction was overturned.

Not be a creepy weirdo who asks his pal to move over so he can have a go on his bird while his brother films it through the window? I don't think the appeals system can fix that sort of fucked up.

clam Thu 08-Jan-15 21:58:37

What he wants to do is to get his gf's daddy to change the law for him, and make what he freely admitted he did, turn out to not be rape after all.

PuffinsAreFictitious Thu 08-Jan-15 22:03:15

He admitted he raped her. He was charged on the evidence he gave at his initial interview. He was convicted on the basis of his own evidence.

Unless he changes his testimony now or can produce someone else who was in the room who can counteract his own testimony, he's not going to get an appeal, so the question is academic.

HTH

noblegiraffe Thu 08-Jan-15 22:06:52

I imagine that if anyone knew what that text message actually said

The news at the time reported that the text said 'I've got a bird". I assumed that it was changed for his website because he knew that the text as it was reported would make him look bad.

Actually, it was not reporting the real words of the text (who bothers deleting texts these days except someone with something to hide?) which made me doubt his whole website, which I went on to give him a fair hearing.

lemisscared Thu 08-Jan-15 22:10:01

im interested to know what you might think would make his conviction get overturned?

Knifey Thu 08-Jan-15 22:14:08

If it were overturned then he would be innocent and yes, he should be allowed to get back to normal. But, it's not going to happen because he's not claiming not to have done it, he doesn't like the definition of rape in English Law.

I'd like to see him given some community work (I know that's not going to happen either) where he has to go into schools and tell adolescent boys about what happens to men who behave the way he did. From looking at football fans forums, whilst there are a lot who are horrified at what he did, far too many agree with him that it was just a bit of fun sad

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