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DNA Tests gone wrong.

BillyNoMates

War Hero
Just caught up with a snippet in Fridays Daily Mirror ref: DNA tests
that seem to have gone a bit tits up. For those that don't peruse this
tabloid, it concerns one Michael Shirley, who is pictured in uniform
with a DRYAD cap Tally. He was jailed in 1988 for the alleged rape
and murder of ******** but the sentence was quashed 16 years later,
(2004?) - new DNA evidence (quote) establishing that he was "probably"
not the killer.
Would this mean that the RN (who I presume would have dismissed him),
for the ultimate "consequential" - are therefore also liable for backpay and
such - having effectively knackered his career? There's not too much
information in the Mirrors article. I would imagine that a lawsuit would
have been presented through normal channels for such a lengthy
period of wrongful imprisonment...but how would Pusser view it?

Over to the Messdeck Lawyers for further rumination
 

broadside

War Hero
Can't see why the RN should come into the frame - the "damage" was done by CPS and the legal fraternity.

Pusser could not be expected to keep him on the payroll if he was banged up at Her Majesty's pleasure so any compensation due will have to be found from the Criminal Injuries pot (or wherever such compensation payments come from)
 

sgtpepperband

War Hero
Book Reviewer
The evidence which quashed Shirley's conviction in the Court of Appeal is referred to ‘new DNA evidence‘. However, the court ruled that this evidence alone did not exonerate Shirley of the crime so much as make his original conviction for the murder of Linda Cook unsafe.

From a news report at the time of the appeal trial (3 Jul 03), it stated that the former sailor would be in line for a substantial compensation award, although "[...] he would not discuss that possibility" after being released from the court cells in London.

Therefore I would like to think that any financial arrangement between Shirley and the MOD is private, and should remain so.
 
There was a British soldier convicted of rape and murder here in Germany about the same time. After 8 years DNA data revealed that he did not commit the rape and there fore had no motive for the murder, although his DNA was found at the scene of the crime. End result was minimal compensation from the German government. The British Army had long since lost all interest in him and wasn't going to take him back on board.
 

Joe_Crow

War Hero
come_the_day said:
Am I being a thicko? I don't understand the reference to DNA tests going wrong.

By 'going wrong', BNM means that the result of the test was not what the CPS would have wished for.
 

OldJenny

Lantern Swinger
Joe_Crow said:
come_the_day said:
Am I being a thicko? I don't understand the reference to DNA tests going wrong.

By 'going wrong', BNM means that the result of the test was not what the CPS would have wished for.

The CPS present the evidence as known to the court (and jury) It's the jury who convict, not the CPS. Very often the CPS have to drop cases because the police don't get enough evidence.
 
OldJenny said:
Joe_Crow said:
come_the_day said:
Am I being a thicko? I don't understand the reference to DNA tests going wrong.

By 'going wrong', BNM means that the result of the test was not what the CPS would have wished for.

The CPS present the evidence as known to the court (and jury) It's the jury who convict, not the CPS. Very often the CPS have to drop cases because the police don't get enough evidence.

And very often they drop/lose cases because they have failed to ask for the evidence to be obtained. Or do they never read the submitted case papers before the trial date.



Nutty
 

OldJenny

Lantern Swinger
Nutty said:
OldJenny said:
Joe_Crow said:
come_the_day said:
Am I being a thicko? I don't understand the reference to DNA tests going wrong.

By 'going wrong', BNM means that the result of the test was not what the CPS would have wished for.

The CPS present the evidence as known to the court (and jury) It's the jury who convict, not the CPS. Very often the CPS have to drop cases because the police don't get enough evidence.

And very often they drop/lose cases because they have failed to ask for the evidence to be obtained. Or do they never read the submitted case papers before the trial date.



Nutty

Evidence of that please?
The police can only charge simple cases such as drink driving and shop lifting. All other criminal activities have to have pre-charge advice. The CPS say they want an ID parade, CCTV, forensic etc and if there is enough evidence then the police are told to charge the accused with the appropriate charges.
There is initial disclosure at the first hearing and then the police compile a full file. There is a time limit which is adhered to by the court, defence and the prosecution for this full file to be compiled and then read. It is all set out.
The reason a lot of cases get dropped after charging is retractions by victims (especially in domestic violence) and failure of witnesses to actually turn up to give evidence. It doesn't help that the court system is so slow that cases are delayed.
 

janner

MIA
Book Reviewer
CPS procedures are being looked at with a view to change, in the main, if it goes ahead, charging responsibility will return to the Police and in particular the Custody Sergeant. I'm informed that this has been brought about by the CPS down grading charges so that defendants plead guilty and therefore keep a hirer rate of convictions. Once more proving that there is little regard for the victim.
 
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