
Originally Posted by
Mafeking
Mr Justice Treacy has stated with great firmness that sympathy for the bereaved family can play no part in how the jury reaches its verdict, nor may anger engendered by the vicious nature of the attack on the young man be allowed to influence them.
That is as it should be. It is no more or less than one would expect of a British judge. The case must be judged upon fact and nothing else, as all fair minded folk must agree.
However, in the event of the "wrong" verdict being returned we may reliably expect there to be calls and campaigns for the loosening and lessening of the strict standards of proof required in cases such as this. That is the danger.
Already we have a situation in which allegations - and I stress this word allegations - of rape, of sexual assault, and of paedophile acts are taken by the courts on a far stronger assumption of guilt on the part of the accused than is permissible for other crimes. In a normal case the prosecution must prove everything, the defendant nothing. There can be no other course if the Crown's subjects are to be protected from malicious prosecution, false allegations and victimisation by the state.
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