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Another false allegation conviction successfully appealed

It is always very difficult trying to get a system which works and deals with identifying people who have committed crimes properly.

I have always felt that there is a difference in the evidential requirements for sanctions that involve long term imprisonment from those that say involve a small fine. What has happened is that the evidential reguirements for everything have shifted. These result in substantially more false convictions. Some of the worst false convictions are those of the mothers who were alleged to have killed their babies that died from SIDS.

These were situations that were really tragic for the mothers and then they were blamed for it and punished. Those people who were responsible for this situation should really be held to account.

Comments

TonyF said…
This mans name had been splattered across the tabloids when this happened. Now he has been freed and found innocent, shouldn't the woman who put him there have her name and photo in the press.
After all, she apparently has done it before and it would help men to be on their guard.

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Statement re false allegations from Esther Baker

Statement by John Hemming
I am pleased that the Police have now made it clear that there has been a concerted effort to promote false criminal allegations against me and that the allegations had no substance whatsoever.
I would like to thank Emily Cox, my children, Ayaz Iqbal (my Solicitor), my local lib dem team and many others who supported me through this dreadful experience. There are many worse things that happen to people, but this was a really bad experience.
It is bad enough to have false allegations made about yourself to the police, but to have a concerted campaign involving your political opponents and many others in public creates an environment in which it is reasonable to be concerned about ill founded vigilante attacks on your family and yourself. Luckily there was a more substantial lobby to the contrary as well, which included many people who were themselves real survivors of abuse, which has helped.
I am normally someone who helps other people fight injustice. …

R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

I have only just found this one which I think is accurately reported below (but if it is not please give me an accurate report).

KING’S BENCH DIVISION

R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

November 9 1923

Editor’s comments in bold.

Here, the magistrates’ clerk retired with the bench when they were considering a charge of dangerous driving. The clerk belonged to a firm of solicitors acting in civil proceedings for the other party to the accident. It was entirely irrelevant that there had been no evidence of actual influence brought to bear on the magistrates, and the conviction was duly quashed.

LORD HEWART CJ:
It is clear that the deputy clerk was a member of the firm of solicitors engaged in the conduct of proceedings for damages against the applicant in respect of the same collision as that which gave rise to the charge that the justices were considering. It is said, and, no doubt, truly, that when that gentleman retired in the usual way with the justices, taking with him the…

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