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Chris Huhne has resigned as Energy Secretary after being charged over allegations he lied to police to escape a driving ban.
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Chris Huhne has resigned as Energy Secretary after being charged over allegations he lied to police to escape a driving ban.
hell has no fury.........
hell has no fury.........
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For more on marking an answer as the "Best Answer", please visit our FAQ.This case has the prospect of highlighting an unfairness within British justice.
It is entirely possible that Mrs Huhne admits the offence, and is sentenced for the crime – whereas Mr Huhne protests his innocence and is acquitted at trail.
They would not be the first persons to suffer such an apparent miscarriage of justice – and they would not be the last.
It is entirely possible that Mrs Huhne admits the offence, and is sentenced for the crime – whereas Mr Huhne protests his innocence and is acquitted at trail.
They would not be the first persons to suffer such an apparent miscarriage of justice – and they would not be the last.
Unlikely, Hymie, in this case but I have known of a case where one defendant told his counsel he was guilty but wanted to plead not guilty, and he did just that. Under the rules of the Bar then , his client having confessed to him, his counsel could act, but ask only a few formal questions of witnesses. His closing speech could be no more than to ask the jury whether they were sure the case was proved against his client. The jury acquitted that defendant but convicted the co-defendants, all of whom had contested the case fully and given evidence!
Is this a total waste of our hard earned taxes?
The evidence will be a straight case of "one word against the other".
But for the case to succeed, it has to be proven "beyond reasonable doubt".
In a "one word against the other" case, there is nearly always reasonable doubt.
So the case must fail.
UNLESS ...
The Court feel the need to make an example of Mr Huhne, and find him guilty IN SPITE OF the reasonable doubt.
And THAT would be as much of a travesty as what Mrs Huhne claims she and her husband did.
The evidence will be a straight case of "one word against the other".
But for the case to succeed, it has to be proven "beyond reasonable doubt".
In a "one word against the other" case, there is nearly always reasonable doubt.
So the case must fail.
UNLESS ...
The Court feel the need to make an example of Mr Huhne, and find him guilty IN SPITE OF the reasonable doubt.
And THAT would be as much of a travesty as what Mrs Huhne claims she and her husband did.
flip-flop - if as an individual, you choose to break the law to preserve your wife's clean licence, that is one thing, if however you are a government minister and elected MP, I think the public is entitled to believe that you are possessed of a reasonable level of integrity which rises above such actions.
If we cant trust the minister about his driving record, can we believe him about anything else?
If we cant trust the minister about his driving record, can we believe him about anything else?
Best defence? Say that, at the time, he and his wife couldn't say for sure which of them was driving. The form had to be filled in, so she said, as they didn't know, on balance it was better that she'd take the points as he had more. Years later, after they fell out and he had gone off with his mistress, she 'remembered' that he had definitely been driving and she wasn't but he had compelled or persuaded her to make the false statement, against her better judgment. That's how memory gets affected by emotion with the passage of time (to put it neutrally). They had not, at the time, knowingly made false statements or conspired to pervert justice.
Trouble is, she may have told people it was false at the time, shortly after making the false statement!
Trouble is, she may have told people it was false at the time, shortly after making the false statement!
I think that there are time-lines of events (on the day in question) within the public domain.
I’m sure if you do an internet search you will find them.
But from memory, the story goes like this; Mrs Huhne was at a meeting in central London – Mr Huhne was arriving back via Stanstead airport.
The claim is that Mrs Huhne drove to Stanstead to pick up her husband, drove back – during which time she was caught speeding. Ignoring the time that Mr Huhne’s flight arrived (and assuming she managed to pick him up at the airport without waiting), there is insufficient time for her to drive from central London (the time she left the meeting is known), drive to Stanstead airport and then to where she was supposedly caught speeding.
I recall reading one journo reporting that he had tried driving the route – reporting that even allowing for light traffic, it could not be done.
I’m sure if you do an internet search you will find them.
But from memory, the story goes like this; Mrs Huhne was at a meeting in central London – Mr Huhne was arriving back via Stanstead airport.
The claim is that Mrs Huhne drove to Stanstead to pick up her husband, drove back – during which time she was caught speeding. Ignoring the time that Mr Huhne’s flight arrived (and assuming she managed to pick him up at the airport without waiting), there is insufficient time for her to drive from central London (the time she left the meeting is known), drive to Stanstead airport and then to where she was supposedly caught speeding.
I recall reading one journo reporting that he had tried driving the route – reporting that even allowing for light traffic, it could not be done.
Applying lateral thinking to my previous post – if Mr. Huhne drove himself from Stanstead airport, then it is likely that he used the airport’s car park. It would be interesting if there was a credit card payment record (in his name) for airport parking, during his trip abroad.
Another line of enquiry for the CPS.
Another line of enquiry for the CPS.
You don’t see it’s all that wrong, bundleone?
The nature of the offence is not the issue. Very often “taking the points” for someone is done because the ultimate penalty for the real criminal would be harsher than for the false one (because they may already have points which would mean either an increased insurance premium or even disqualification under the “totting up” rules).
But even if that was not the case, perversion of justice in this way is very considerably wrong. Justice must be administered fairly and it is not an option for somebody to accept a penalty on behalf of somebody else.
The nature of the offence is not the issue. Very often “taking the points” for someone is done because the ultimate penalty for the real criminal would be harsher than for the false one (because they may already have points which would mean either an increased insurance premium or even disqualification under the “totting up” rules).
But even if that was not the case, perversion of justice in this way is very considerably wrong. Justice must be administered fairly and it is not an option for somebody to accept a penalty on behalf of somebody else.
The courts cannot reconcile this apparent dichotomy.
In each case, the court will have reached the correct verdict – although obvious to all, one must be wrong.
Such verdicts not uncommon within the British legal system; where one person is found/pleads guilty and another is found innocent – but if the guilty person’s version of events is true – then the other is guilty.
To minimise such occurrences, defendants will be tried together – so that juries are less likely reach such a conclusion.
But should Mrs Huhne plead guilty – it is entirely possible that Mr Huhne is acquitted at trial.
In each case, the court will have reached the correct verdict – although obvious to all, one must be wrong.
Such verdicts not uncommon within the British legal system; where one person is found/pleads guilty and another is found innocent – but if the guilty person’s version of events is true – then the other is guilty.
To minimise such occurrences, defendants will be tried together – so that juries are less likely reach such a conclusion.
But should Mrs Huhne plead guilty – it is entirely possible that Mr Huhne is acquitted at trial.
The point is that these are substantive charges, not a conspiracy alleged. It follows logically that she can plead guilty yet he be acquitted on the facts. She, he may say, acted entirely alone in declaring herself the driver and she forged his signature on his declaration. If the jury think that could have happened, are not sure beyond a reasonable doubt, they will acquit him. That doesn't stop her being guilty, whatever factual basis founded her plea of guilty.
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