Over the last few years there have been a number of powerful nominations for the title of stupidest Parliamentarian. This blog has in the past made what I thought was a powerful case for the prize to be jointly shared between Messrs Peter Bone and Phillip Hollobone, and the Secret Barrister has repeatedly and persuasively argued the case for Phillip Davies, and indeed may do so again at greater length in his eagerly awaited book. Just to prove that Conservatives do not have a stranglehold on the competition along comes Harriet Harman with a legislative proposal which is guaranteed to produce injustice and, for good measure, is virtually certain to be ruled incompatible with the Article 6 right to a fair trial under the European Convention on Human Rights. Continue reading “Harriet Harman’s proposed ban on sexual history evidence would be grotesquely unfair”
We must wait until 22nd September to discover exactly what District Judge Adrian Lower has in mind for John O’Neill, the York man who, despite having been acquitted of a charge of rape, is now not allowed to have sex unless he gives the police at least 24 hours notice of his intention.
Mr O’Neill has been subject to a peculiar and, as far as I know, unique interim “Sexual Risk Order” since January. At a hearing yesterday the judge announced that he would be making a final order, although in the same breath he also strongly implied that he would amend its terms, describing the notice provisions as “wholly disproportionate” and “frankly unpoliceable.” Continue reading “Judge Lower was right not to lift the Sexual RIsk Order on John O’Neill”
What should happen to people who make false allegations?
The issue has been put into stark focus by the publicity given this week to the case of Geoff Long.
Mr Long had a daughter called Tina from an unsuccessful first marriage. In 2010 she went to Brighton police and claimed that he had systematically abused her over thirty years earlier when she was aged between 8 and 16.
There was apparently no corroboration to her allegation, but it led to Mr Long’s prosecution. The jury believed Tina, and he was convicted. He received a sentence of 5 years imprisonment.
To rub salt into his wounds Tina then gave her story to a magazine, which published it under the headline “34 years on I finally made him face up to his hideous crimes.” Continue reading “Should we always prosecute people who make false allegations?”