Isolated flashes of competence


#21

That’s roughly what I meant. Stabbing him: possibly justified. Leaving him weltering in his gore and going off to start a video running on the television: more difficult to justify.


#22

Particularly after apparently engineering a confrontation when she had all day to get herself and brat clear


#23

The court didn’t know that, did it? I mean, was it in the evidence at all? I doubt she said it, and apart from Kirsty (a very partisan witness) nobody else knew what she was up to.


#24

Bit she placed herself there, she took no avoiding actions, she didn’t take the opportunity to exit & she stabbed him (was it twice ?) and then left him there bleeding to death.

None of that was self defence. Some of it was positively placing herself in danger & having done what she didn’t need to she left him to rot.

This wasn’t a friendless, exit-less, choice-less victim without options, or places to go.

If I, as a barrister couldn’t get a conviction on that I’d pack it in.


#25

Interesting question. She had time to prepare the meal and pack; he was out at work. Think it has to be taken as a case of “it happened like that because it was written like that”. Attempting to apply logic is an exercise in futility.


#26

Here defence would argue - I suppose Anna did, I can’t remember - that her brain was scrambled due to the coercion, she was in shock, she thought he was dead anyhow. Oh, and of course her primary concern was for Henwee, for whom she’d ‘do anything’ - apparently.

Anyhow, ‘The Lion King’ is really good. And she probably used it to explain to Henwee that Daddy lying dead on the floor was all part of the Circle of Life.


#27

Quite, Hedgers. And Armers. She was extremely lucky to walk as a result of testimony that, even had it not been inadmissible, which it was, stank to high heaven of potential bias and had no actual evidence to support it.

And Helen, and everyone within her reach, would be better off were she in the booby-hatch, if not breaking rocks/sewing mail bags.

What do you mean, ‘they don’t do that any more’ - are you sure?


#28

Which testimony? And how was it inadmissible? (Rubs hands at the thought that I might have reason to find her guilty.)


#29

The daft tart Jess. She would not have been in the defence’s ‘bundle’ and would thus not have been called.


#30

You mean it’s not like on TV when they burst into court at the last minute with a vital witness? Or Lord Peter Wimsey’s dramatic entrance into the House of Lords (after a dangerous air voyage, naturally) to save his brother’s bacon?

Yes, well, assuming you’re right, that changes things a bit. Because without Jess’s evidence I think I’d have voted ‘guilty’ for all the reasons mentioned above plus Helen’s utter uselessness as a witness in her own defence.

P.S. I misread that as ‘You daft tart, Janie’.


#31

No coment, dere.
But no, it really cannot happen like that these days.

https://www.quora.com/How-often-is-last-minute-evidence-really-brought-into-a-courtroom


#32

Isn’t that American, Gus? “Cliff Gilley, JD cum laude, Seattle University Class of 2000” suggests not-English.


#33

Bollocks. Yes it is.
But the principle is similar: see 32.4 particularly

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32#32.2


#34

Well, I’m convinced, ‘Take her down!’


#35

https://hsfnotes.com/litigation/2011/06/06/courts-approach-to-admission-of-late-evidence/ might be relevant.


#36

A[quote=“Gus, post:27, topic:1496”]
What do you mean , ‘they don’t do that any more’ - are you sure ?
[/quote]

What would be the point? Helen would just get Johnny to do it for her


#37

That deserves a snork, joe!


#38

Late “I have a new witness” stuff makes for great drama but hasn’t been possible in the way shown in film/tv for decades.

A late find can still occur if the judge permits it but the opposing team must be given full details & the chance to prepare a response.

… &, anyway, if that’s allowed I’m calling Tommy Sausage to discuss the drink driving & false testimony & subsequent perverting of the course of justice. Apart from those matters it would render all her soul testimony as dubious & her as an inveterate liar & perjuror.

I would only do that once I knew she was held securely and nowhere near any knives though.


#39

Oh, I think she should be allowed a knife to keep her company in the slow hours of the night while she’s contemplating her life choices. Think of the saving to the prison system.


#40

I don’t mind her having a knife, especially for the purposes you state.

I just don’t fancy her having it while I’m giving her bad news.