Innocent Until Proven Guilty

Sometimes you see something that horrifies you beyond belief. Not just the crime being investigated –  that is beyond question –  but also the readiness of the lynch mob to jump to conclusions and put aside the law.

We have just such a case developing over at Max Farquar’s at the moment (h/t Angry Exile).

The case, essentially is child battery and rape. And, predictably, feelings are running high. However, now is not the time to be calling for rough justice. Unfortunately…

North Kent police have said that a 35-year-old man was subsequently arrested, on suspicion of grievous bodily harm and rape, along with a 33-year-old woman. They were both from the Gravesend area and were detained in a North Kent police station. However, they have now been released on bail.

Released on bail?

WTF! A one month old baby has been raped!

Who is the 35-year-old man, that is walking free after raping a one month old baby? Is he the father or is he the boyfriend of the 33-year-old woman that has also been released on bail? Do we presume she is the mother? Someone, somewhere out there must know who these loathsome, disgusting and unbelievable evil people excuses for human beings are!

It’s time to name and shame.

No Max, it is not. And, to be fair during the storm that followed in the comments, one or two calmer voices prevailed and Max has redacted such information –  despite folk repeatedly trying to put it back in.

The police will frequently arrest people during their investigations who later turn out to be innocent. Earlier this year, they arrested Chris Jeffries, an innocent man who was subsequently subjected to trial by media. Had he been guilty, then any chance of a fair trial had been undermined by a feral press with no regard for the law and its due process. Much the same is happening here –  only it is on the blogs and twitter.

Yet despite the evidence of miscarriages before, still we see the same unthinking mob trotting out the same murderous revenge fantasies –  despite no one having been charged for the crime. How about this from Hanna:

where were that poor innocent little mans human rights when they did this to him…….. I dont give a fuck what the law says what sort of lawyer would defend these assholes in the first place?

It’s at times like this I rest my head in my hands and groan loudly to myself. Have we really learned so little? Are we really so stupid? Do we still not grasp the significance of that most basic of legal principles; innocent until proved guilty? It is up to the police to investigate this crime and charge the accused once they have sufficient evidence of guilt. It is up to the prosecution to prove guilt beyond reasonable doubt. Because, until then, they are innocent until proven guilty –  because, and this is really, really important, they may have got it wrong. This basic principle is what stands between us and the rule of the mob. Must I, yet again, invoke that passage from A Man for All Seasons (why not, AE already has)? I guess so, because once more, I see that the lesson contained therein is being ignored:

William Roper: So, now you give the Devil the benefit of law!

Sir Thomas More
: Yes! What would you do? Cut a great road through the law to get after the Devil?

William Roper: Yes, I’d cut down every law in England to do that! 

Sir Thomas More
: Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!

Yes. Absolutely. That is why the accused, no matter how heinous the crime, is entitled to a defence and why lawyers will step up to the task. Because, you see, the accused’s right to a fair trial is your right to a fair trial and my right to a fair trial. I really shouldn’t be having to spell this stuff out, really I shouldn’t.

FFS!

12 Comments

  1. “The case, essentially is child battery and rape.”

    Not necessarily. Note that the official lines – such as they are – don’t say that. They say ‘injuries consistent with’….

  2. I will say this, however. The police decision to bail them back into the same community is just asking for trouble.

    And I wonder why, when #racisttramwoman could be held in custody for ‘her own safety’, the same wasn’t done here. I know they only have a limited time for questioning, but even so….

  3. No it’s not James. It’s the only reasonable stance in a society that has any respect for law and order. It’s sad that we’ve reached a point where it needs to be applauded – as LR himself says, he really shouldn’t need to spell this stuff out.

  4. I was as horrified by Max Farquar’s post (and the comments) as I was by the crime itself and I thought that he was skating on very thin ice.

    I also thought it very sad that those at the vigil, after ‘praying’ saw no contradiction in then going on to ‘get the bastards’.

    The NSPCC reckons that about 10% of children are abused, most of which happens in the home. Statistically, about 10% of the vigilantes will themselves be guilty of child abuse.

  5. In principle, LR is right, but mobs start to assemble only when they see that the police, the lawyers and the judiciary have failed the people time after time.

  6. Julia, Racist Tram Woman was pretty open and shut. There was video, there’s a crime on the statute books (even though it’s essentially a thought crime) and so there probably wasn’t all that much investigating needed once they’d been given her name. On top of that even as PC as Britain has become it was hardly the crime of the decade and is one they could afford to lose in the unlikely event she doesn’t just put her hands up to it. This is in another league and unless the investigating team was fortunate enough almost to walk in and see damning evidence right away it was very likely that they’d have to release them before they’ve got everything – and the police would want absolutely everything – which in turn makes police bail practically inevitable.

  7. Actually, it’s even worse: It was ALLEGED that “A one month old baby has been raped”
    Allegation is itself not proof, never mind who did it – and, of course, no-one may have “done it”.
    Does everyone remember the very sad case of Sally Clarke?
    Banged-up by fraudulent so-called-“expert” evidence over a “crime” that hadn’t even happened.
    ( Her child died of natural causes ) …

    Grrr …..

    LR does well to point out the Bristol case.
    Let us just suppose, that someone with the initials that were not “LJ” had committed some crime or other – the press coverage was such that he COULD NOT BE CONVICTED – because of the prejudical coverage.
    So; not only do the innocent go to jail, the guilty go free.
    THAT is waht mob rule means.

  8. “I really shouldn’t be having to spell this stuff out, really I shouldn’t.”

    There are so many privileges that we take for granted. Despite the fact that people had to fight tooth and nail to get them for us. We are surrounded by idiots who would be happy to throw them in the bin in order to satisfy their righteous indignation. Can’t these people imagine how it must feel to be accused of a crime that you did not commit? Obviously not.

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