Apologies for the misunderstanding, Aggie. Indeed I may well have come to a different conclusion had I been a jury member. My conclusion was based on the little I had read and the difficulties I know that exist when prosecuting a Manslaughter Gross Negligence charge. I have to say that it would need very strong evidence for me to convict. As I have explained, I see it as a very big leap from somebody making a mistake or being negligent, to convicting them of a serious criminal offence.
“Is it not a straightforward matter of putting it to another 12 people who may be able to reach a majority/unanimous verdict?”
Yes it is. Though either side can choose to change the way they present their case of the evidence they choose to present.
“Just curious and do you think the passage of time was a significant factor in this case?”
There is an adage which says “Justice delayed is Justice denied”. It’s very true. However, where excessive delays occur, such as in this case, there’s more to it than that. Both parties (the bereaved and the accused) have endured more than 30 years of uncertainty. The business had not been concluded for all that time. As well as this, especially where verbal “eye witness” evidence is involved, it is inevitable that memories – however vivid initially – fade over time and they fade excessively over excessively long periods. You often hear people say “I can remember it as though it was yesterday”. Well anybody who has listened to evidence being given in a court will tell you that invariably they can’t. However traumatic the experience, memories of detail (very important in criminal cases) fade with time.
My view that the CPS should think again before requesting a retrial is based on the excessive periods of uncertainty both the bereaved and the accused have endured. I’m sure it’s been easier for Mr Duckenfield than it has for the bereaved but both are entitled to consideration in that respect. Nobody knows how the jury was split. It could have been 9-3 for acquittal, 9-3 for conviction or anything in between. Neither side can assume they were just a whisker away from success. My view is that it is time to put the matter to bed.