I will now give you my full frank, honest opinion....
What this case has highlighted to me, is how INJUST our legal system is.... As a citizen I never really thought about the true cost of The System. I never thought about the conditions that prisoners were forced to live in, where the punishment is supposed to be about their loss of liberty and not a draconian system, that degrades, humiliates and serves to cause mental anguish... Not just for the prisoners, but for their families and loved ones..
A system that from the start of your arrest if you haven't the financial backing, you haven't got a hope in hell of Defending yourself to the fullest.
Over 2 years I have written about this case, pointing out discrepancies, 2 years were at my own leisure, I have been able to cross reference and point out inconstancies that have played out in the media.. 2 years when on my own I have questioned virtually everything I know of this case..
Now try put that into man hours... The point being, for someone who cannot afford a FULL Defence, they will only ever get a Bronze level of service if they are lucky, they will and would have been vilified in the media, a public baying for blood at an atrocity that has taken place, leaving the Defendant at a clear disadvantage from day one.. Never mind if he is guilty or not....
You have the full weight of the Police, with umpteen Investigators, forensic scientist, pathologists and every expert known to man. Plus the CPS, making a small army of people putting together a case against you.. Many educated people by their title alone giving them an immediate upper hand, as no-one would ever question their, honesty and values.
You have a system that needs to show it's citizens that they are in control of the situation and monsters locked away... And as they cannot find any more monsters, they then add extra time to the existing monsters they locked away and bring them forward for the public to revisit in newspapers.
So what chance would anyone have if they cannot afford to defend themselves, where they have to rely on one person and the money he/she is allowed to claim for their services whilst looking into a defendants case.. Where the defendant has no realistic input or understanding of the system, to maybe ask the correct questions..
And then you arrive at court... You are separated from your Defence, you may be in a box surrounded by guards, it already is having a dramatic impact upon the jury and general public alike, without a word even been spoken..
"He must be guilty"..
" Look he's caged already"
" He must be dangerous, look at all those guards"
The visual impact alone has already put the defendant at a disadvantage, why is he not sat next to his counsel? Why has he not got the opportunity, to confer with his counsel throughout his trial, where he may hear or see a discrepancies himself that he would like his counsel to challenge?
No.. make him look guilty, then it will make it easier for a jury to convict...
The idea of Innocent until proven guilty is a fallacy, when images are just as powerful as words.. When the public and jury are presented with the accused and make a judgement on their 'First Impression'.. As we know and we are taught first impressions count..
So the uphill battle has begun in the court... You were already disadvantaged by the media, before you reached trial
and now the jury who lets face it in a high-profile case, could not have failed to have heard about it, they could not have failed to have already been prejudiced by what they read or heard.
And to let them truly remember just how dangerous said defendant is, we will place him in a dock and encompass him with guards, so the jury will be reminded that what they had read or heard of this defendant in the media, must be true..
Realistically, at this point the prosecution do not need to even open their mouths, the imagery has done the job for them...
If you as a defendant are feeling disadvantaged at this point, it is only going to get far, far,worse... What has proven at this point that the defendant is guilty?... Nothing really, a case is just that, information gathered and evidence, that will be presented to show guilt or innocence.
Now we come to the time of the prosecution, where what they are actually doing is proving their case... Does that mean that the information they have is complete, or does it mean that they can present pieces of information that may have holes in it, to a jury to convince them, that the defendant they have already made their mind up about with their first impression, is now well an truly going to show them just what a deviant, monster etc.. he or she is...
Now this is were it becomes really unfair.... The defence can counter-act what the prosecution have presented, but only if they have themselves fully investigated the case for their defendant, based on the payment they may be entitled too and time they have available....
Lets just think about that for a minute... To start with you have had 80 Officers plus civilian staff working on this investigation, you have had forensic staff other experts and many people from the CPS working on this case.. And you are a party of one..
A party of one hoping against hope that the person who is dealing with your case, isn't working on any other case at the same time, you are hoping that the person dealing with your case is turning over every stone, you are hoping against hope, that the person dealing with your case will find that piece of evidence that will shoot holes in the prosecutions case, you are hoping that the person dealing with your case will shoot down in flames, what the prosecution have prepared against you... What a dedicated team of Police have spent, months, years collecting evidence of these cases... And the only dedicated person in your case is YOU...
Your freedom is at stake, your liberty, your friends and family will never be the same... So you on your own have the most to loose, and you the defendant have the least at your disposal to prove your innocence.. But that makes the price high... higher than any cost of trials and investigation, because how does anyone put a price on liberty and life?
I am not saying that defence lawyers etc do not try their best, I am saying that the odds are stacked against them before they even start...
Where prisons are run in a private capacity it will only ever be about the shareholder... (imo) The prisoner is convicted, the prisoner is no longer seen as human, the prisoner no matter what they may or may not have done, will be treated no better than an animal.. But we care about animals, we apparently have empathy for animals, so what does that therefore say about prisoners? cramming more and more into prisons that are not fit for purpose and where having personal space isn't valued..
I was brought up to believe that prison was about reform, but that doesn't appear to be the case, punishment and inhuman acts are perpetrated, but why should the public care.. They are monsters after all...
The Justice System needs a complete overhaul, we are nearly in 2020 a time were the future was supposed to be rosy, a time when we had advanced so much that everything would be different from a hundred years prior.. But there are no real differences, the poor are still poor, they will never have the ability to launch a full defence for themselves, and if they are ill educated, it will make the task even more difficult as they would have to just sit there and take what is stated, by either side, having no idea how to challenge the charges..
I stated I like fair, it's simple really, but unfortunately I have found that the system isn't fair, it cannot be fair in it's present state. It cannot be fair when the odds are stacked against you from the outset..
I am sure that there are many good people within the Justice System, many good people who must be frustrated, with the state of said system, who cannot openly discredit the systems failings, without making life difficult for themselves.
Having started with wanting to defend what some may see as the undefendable, and make a real difference to society, the tools and money they have isn't equal to the states tools and finance.
But how would they be able to change the system? I don't know... It's almost like there needs to be an amnesty, A line drawn, a new approach, a huge change.. And an admission of an old system that is broken...
So when it comes to a defendant at trial, is it just a case of who can present the better story or a case of real evidence that beyond a shadow of a doubt, proves the guilt of the person in the dock...
Do we really need TV programs to convince us of a persons guilt after a trial? Where the facts are different from what may be known..
No-one should be seen by a court via video link, everyone has the right to FACE their accusers, and that should be in person.. Just because there is technology available doesn't mean we should use it... That also puts the defendant at a disadvantage...
" Oh Cheryl... they haven't even brought him to court, its via video link.... He must be a monster, he must be dangerous'!!!
Impressions matter, presentation matters, a level playing field matters....
Of course people should not be walking around when they can cause great harm to others, but we need to be sure the correct person is being prosecuted, the correct person is in prison facing a life sentence... If not all you have managed to do, is apparently put to bed the fear that the monster has gone, when the monster has been hiding in the cupboard all along... he hasn't gone and he will raise his head again, but if caught, would not be prosecuted for what has gone before, that would mean the system actually admitting it's failures...
So I do not believe the system is fair, it cannot ever be fair unless their are massive changes, and whether people chose to believe the guilt of any individual may depend on what they believe they know, or the evidence that has been presented, with other evidence being omitted...
If only part of a story is ever presented at trial, with the defendant in a box surrounded by guards, then the likely hood of guilt is greater, the likely hood that an admission of guilt happening is greater, the defendant may by this point be mentally worn down and has accepted his/her fate and hasn't the ability, education or strength to fight what has been put forward.
Lost within a legal system of jargon they cannot comprehend, and bamboozeled by the situation they have found themselves in...
I do not know the answer, but honesty is a good place to start.. fair is a good place to start...
As I have stated I am no-one, a citizen who came here concerned about a case, a citizen whom through looking at this case of Joanna Yeates /Dr Vincent Tabak, has found the justice system lacking greatly, a system that this country was once proud of, a system which should have moved with the times.. A system that obviously needed shaking, a system that should be progressive..
But it isn't it fails on many levels, it fails not only those in prison , but the free citizens who feel that they are being protected by the very same system, that would put someone in prison for not having a TV License.. A system that is closing courts, reducing police officers, using technology in a way that should not be used at court...
I think I am sad, sad that what I stupidly believe was the system, was fair... And an innocent person sent to prison was unusual and would be dealt with swiftly... But that is not the case, as we know, many many innocent people are in prison, many having lost the best part of their lives.. And if they are lucky enough to overturn the injustice perpetrated against them, who really cares? Not the public.. rarely do we these days see outrage, they do not show the outrage they showed when these people were covered in a blanket and rushed into court or a police van, where the public banged on the side of the van shouting obscenities... There is little coverage in the media for these poor people and their families..
No body from the CPS, the Police etc are filmed apologising for what happened to them, no TV crews day in and day out explaining to the public how the system had failed these people....
No... Sweep it under the carpet and lets hope it goes away...
Until the media whom have extreme power everywhere, recognise the tragedies that have happened and appeal to the public to act, nothing will change.. But the media are not going to do that , it doesn't sell newspapers or TV time, it is not money making, I believe they think it is pointless.. (imo)
If the media want respect, let them Pro Bono and highlight cases of injustice, where money isn't at the forefront, lets face it they already made their money with the stories they sold before, during and after the trial... The defendant has made them a ton of money or should I say the victim... Because the victim isn't really of concern to the media, the victim and the way in which the victim died is a money spinner for the media.. Apparently everyone loves a juicy story...
So responsible reporting, on all sides needs to be established, and in the event of a Miscarriage of Justice, the same attention that brought this person into the public view in the first place, should be given upon their release or appeals..
I sometimes wonder why the courts stop reporters, reporting on events inside the court? What happened to transparency?
Therefore a skewed view and speculation, become rife, and after conviction any type of story is game... Any untruths , unfounded information can be laid on a platter for the hungry public..
The question is an apathetic public are easy to convince, an apathetic public and an Old System, that has cracks the size of Casumms are tearing it apart, and no sticking plaster will fix it anytime soon...
If nothing changes, it will only get worse, if no-one cares, who will fix it... If citizens like me are made to feel that we are either, crazy, obsessed, or having an unnatural interest in justice by questioning what we believe is unfair, then let me remind you all...
Anyone is one step away from being wrongly accused, everyone is one step away from enjoying the delights The System has to offer, and realistically, should it take for every individual in this country to find themselves at the wrong end of the system for them to understand it's failings, before people will change their minds...
So it is time for change, we need change, and it is time that people who have concerns are not tarred with a brush..
I suppose the reality of what I have learnt has disappointed me, I have been under the assumption that everyone likes fair.. I have gone through life believing fair is right and true.... Now for that you can call me delusional, for that idea that fair is the right way forward is so alien that nobody recognises it anymore, then I will accept being called a loony, I will accept the idea that I have an unhealthy interest, obsessed even... What ever you want to dress it up as to make me out to be a person you know nothing about or just to belittle me... I don't care...
I care about fair... and honesty... simple things really, and I care that The Justice System has become liken to a production line, where the value of it's clients many of them the poorest in the land, are all ready disadvantaged before the game has begun..
And if all that I have learnt about Dr Vincent Tabak, whether the story is true or not... I have learnt every citizen has a responsibility to challenge what they believe is an unfair system and every politician, and law maker of the land does what the public expect of them, seeing it is the public who are paying their wages....
But as always this is my opinion, my opinion based on what I have learnt and understood... And maybe everyone thinks I am wrong again... Well so be it.... I think therefore you should rename the whole site and call it "POINTLESS"... But thats just my opinion... Or maybe the Justice System could be renamed that.. I don't know..
I know I live in la la land hoping fair and honesty should come first... But I'd rather live in la la Land it's a fairer place to live..
NB: This post is just my opinion.....