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Author Topic: Double Decision Day  (Read 1669 times)

Offline Roma

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Double Decision Day
« on: March 22, 2016, 03:17:47 pm »
So today is a double decision day.

Ched Evans's Appeal outcome is expected today.

Baxter's drugs panel outcome is expected today.

I'm going:

Baxter - 12 month ban

Evans - conviction quashed

Question for me is - if the latter proves correct, will he have a route back to the Lane.  Personally I would say let's move on and not associate ourselves with the backlash.  On the other hand, I can see McC giving him a way back - owt for nowt where McC is concerned.

What's the general opinion on here?


Offline Eeyore

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Re: Double Decision Day
« Reply #1 on: March 22, 2016, 05:00:20 pm »
Baxter - long ban and rightly so, cheerio.

Evans - agree, quashed.

If so, I would have Evans back on a trial period and see if he's still got the ability. At the end of the day, if he is found to be innocent now there can't be the same level of vitriol and hatred towards both the club and CE, although of course there will be those who will never be able to accept the decision of the court. Sure, there will be a period of bad publicity and backlash but that will die down fairly quickly and then we can all move on.

Offline lingsbord

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Re: Double Decision Day
« Reply #2 on: March 22, 2016, 05:08:38 pm »
I agree with the above. For me, Evans would need to prove his fitness between now and August and then give him 12 months with 12 month extension option. Evans and Sharp together? Works for me if the lad can recapture his form.

Offline BoltonBlade

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Re: Double Decision Day
« Reply #3 on: March 22, 2016, 05:16:36 pm »
Baxter - long ban, and he deserves it. First time, my drink was spiked. Maybe, maybe not. Second time, no excuses. time to say goodbye.

Evans - I didn't think this appeal was to quash the conviction. In any case, I think we would get too much flak if we gave him a chance. He probably cost us promotion, so I'm with Roma, lets move on.

Offline Staboblade

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Re: Double Decision Day
« Reply #4 on: March 22, 2016, 05:32:17 pm »
Not heard anything on Baxter yet but get rid if it's a long ban...remember Kenny got one and we stood by him then he wanted to leave. I don't want that again.

I hope the Evans appeal goes for him, i have always thought it was a dodgy conviction and some evidence was omitted from the original trial so let's see if it's strong enough.

 As for him coming back, take him on trial by all means, if he's been keeping himself fit then he'll need conditioning so we wouldn't see him this season no matter what some fans might think. Let's face it, he owes us big time so if he could recapture that lge 1 form why shouldn't we be the ones to benefit from that instead of a team like Oldham.

Just seen the appeal is scheduled to last until Weds......
« Last Edit: March 22, 2016, 05:35:03 pm by Staboblade »

Offline lingsbord

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Re: Double Decision Day
« Reply #5 on: March 22, 2016, 06:36:52 pm »
This isn't an appeal, it's a review by the CCRC to determine if the conviction is "safe". If they decide it isn't, the conviction will be overturned by the end of tomorrow.

The vast majority of cases sent for review that even get this far are overturned so he has an excellent chance of having the whole thing quashed.

On that basis, if it goes his way he isn't/wasn't guilty and there should be no stigma attached to the idea of potentially recruiting him.

Offline lingsbord

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Re: Double Decision Day
« Reply #6 on: March 23, 2016, 04:22:34 pm »
Evans won't get his decision until next month, and if it's turned over the prosecution have said they'd seek a re-trial. FFS what for? The guy's already done his time. What a waste of time and money.

Offline Eeyore

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Re: Double Decision Day
« Reply #7 on: March 23, 2016, 04:41:45 pm »
I think the fact that the appeal judges want a fair amount of time to consider the new evidence presented to them could work in CE's favour. If they thought that this evidence made no difference to the original sentence they would have thrown it out and upheld the verdict. Due to the sensitive nature of the case they will need to be absolutely certain if they overturn the verdict (no shit!).

Anyway, WTF do I know.........and yes, a retrial would be a complete waste of everyone's time and money. Good for the lawyers and barristers though.

Offline BoltonBlade

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Re: Double Decision Day
« Reply #8 on: March 23, 2016, 06:25:37 pm »
I am in no way a Legal expert, but what is the purpose of having a retrial if he wins his appeal? Does this mean he can be found guilty again, and then receive another sentence, or is this just closing the case down in a proper judicial manner? Can the courts reject a retrial?

Offline Eeyore

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Re: Double Decision Day
« Reply #9 on: March 24, 2016, 01:03:04 pm »
I am in no way a Legal expert, but what is the purpose of having a retrial if he wins his appeal? Does this mean he can be found guilty again, and then receive another sentence, or is this just closing the case down in a proper judicial manner? Can the courts reject a retrial?

From what I can gather, the appeal judges can either uphold the original verdict, quash it or order a retrial.

The CPS have said that if the conviction is quashed they will ask for a retrial, which is probably the equivalent of an appeal for the CPS as they obviously feel that he is guilty and want his conviction to be maintained. CE will not go back to jail as he has already served his sentence.

Offline Vamps

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Re: Double Decision Day
« Reply #10 on: March 24, 2016, 02:35:20 pm »
All the appeal actually does (if he's successful) is prove that the original verdict is 'unsafe' - i.e. his verdict could not be properly determined from the original evidence presented. The conviction would therefore be quashed from record, but doesn't mean he's innocent - hence the potential retrial.

All the retrial would really achieve (apart from fatter wallets for the lawyers and barristers) is ensure that he is either found innocent or guilty and hence a conviction remains on his record. It's unlikely he would return to jail. Of course a retrial and being found innocent means he couldn't be tried again due to double jeopardy laws (unless even more new evidence comes to light!
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Offline lingsbord

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Re: Double Decision Day
« Reply #11 on: March 24, 2016, 04:33:50 pm »
i believe, but I'm not certain, that CPS asking for a re-trial can be rejected by the Judges if they consider that in light of the new evidence it would be unlikely that Evans would be convicted again unless the CPS had any compelling "new new" evidence to bring to a new trial.

 



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