Why doesn't Shane Mitchell speak out if his brother is innocent?

[Brietta]

Corrine may well say that Donald Findlay wouldn't allow Luke to take the stand, well Donald Findlay was being paid to defend Luke that's what he would've done and If it was with one arm tied behind his back by luke choosing to take the stand that's what he would've done. If luke was determined to take stand and prove his innocence there's not a thing Donald findlay couldve done to stop him. I'M not saying he should've taken stand to prove his innocence.  That's not for him to do. Its up to AD to prove his guilt. Which he did.

I agree.
Donald Findley was one of Scotland's leading defence lawyers who, I think we can be certain, knew exactly what he was doing by keeping his client off the stand.

The evidence as presented in court convicted Mitchell and the evidence was strong enough to see his appeals overturned.

[faithlilly]

Corrine may well say that Donald Findlay wouldn't allow Luke to take the stand, well Donald Findlay was being paid to defend Luke that's what he would've done and If it was with one arm tied behind his back by luke choosing to take the stand that's what he would've done. If luke was determined to take stand and prove his innocence there's not a thing Donald findlay couldve done to stop him. I'M not saying he should've taken stand to prove his innocence.  That's not for him to do. Its up to AD to prove his guilt. Which he did.

In fact we know he didn’t, at least with, possibly, a sizeable number of the jury.

[faithlilly]

I agree.
Donald Findley was one of Scotland's leading defence lawyers who, I think we can be certain, knew exactly what he was doing by keeping his client off the stand.

The evidence as presented in court convicted Mitchell and the evidence was strong enough to see his appeals overturned.

As it was with Steele, Campbell, Hill, Conlon, Rowe....right until their convictions were quashed at, yet another, appeal.

Miscarriages of justice will continue to be perpetrated as long as people like you continue to support the heavily weighted system that we have now.

[WakeyWakey]

can you imagine the criticism findlay would have got if he allowed luke to take the stand?
exposing a cocky 15 year old to the an experienced member of the crown prosecution?
they would have been tripping him up and ripping him a new one in no time.

so yes, its no wonder findlays strong recommendation was that he didnt take the stand

I agree.
Donald Findley was one of Scotland's leading defence lawyers who, I think we can be certain, knew exactly what he was doing by keeping his client off the stand.

The evidence as presented in court convicted Mitchell and the evidence was strong enough to see his appeals overturned.

[faithlilly]

can you imagine the criticism findlay would have got if he allowed luke to take the stand?
exposing a cocky 15 year old to the an experienced member of the crown prosecution?
they would have been tripping him up and ripping him a new one in no time.

so yes, its no wonder findlays strong recommendation was that he didnt take the stand

I think you’re absolutely right. Putting an emotionally immature, frustrated, terrified child up against a prosecutor with years of experience of dismantling adult defendants, often through well established ‘tricks, would have been absolutely disastrous for Luke.

[Brietta]

can you imagine the criticism findlay would have got if he allowed luke to take the stand?
exposing a cocky 15 year old to the an experienced member of the crown prosecution?
they would have been tripping him up and ripping him a new one in no time.

so yes, its no wonder findlays strong recommendation was that he didnt take the stand

Apparently cocky he is without a doubt but fortunately he didn't have to take the stand to condemn himself out of his own mouth, when Shane didn't go along with the alibi Corrine had colluded with him, that only put the tin lid on it for him.

[Nicholas]

Apparently cocky he is without a doubt but fortunately he didn't have to take the stand to condemn himself out of his own mouth, when Shane didn't go along with the alibi Corrine had colluded with him, that only put the tin lid on it for him.

And what did Shane say about the time Luke took Mia out for her ‘last pee for the evening’?

Corrine states:
“So it’s must have been his curfew was 10 same as herself it must have been around about 9ish or something like that and he arrived home and I went gosh you’re early and he went has Jodi not been and I went no has she phoned no ugh wonder where the hell she is I went Luke she’s a young girl she’ll be in somebodies house yipping and completely forgot I said boyfriends come way down the line when it comes to wee girls talking um um eh

So then he got a phone call from Jodi’s mother and no he got a text right toad get up the road you’re grounded because by this time it’s past her curfew so he phoned her and said she’s not here so she said what do you mean she’s not here she never came down he said I’ve been with my friends and she’s never come down my mum says she’s not been at the door so she went well I’m gonna phone round all her friends and all the rest of it so left it at that and then there was another phone call and Luke came to me and went mum erm Judas organising a search party were going out looking for her I went not at this time of night you’re not young man

and he went I’m going out looking for her end of no argument so I went well you’re taking the dog so cos this time it was late so off he went and

he’d taken Mia out cos I said go and save your mums old legs and take madam out for her last pee for the evening and he was away two seconds of course by this time he’d got the phone call from Judy

(Starts at approx 6:00 during James English interview)

[Nicholas]

Miscarriages of justice will continue to be perpetrated as long as people like you continue to support the heavily weighted system that we have now.

‘Miscarriages of justice’ or innocence fraud?

‘Definitions of ‘crime’ and ‘victim’ change over time, in part, precisely because certain events and/or forms of behaviour that cause harm are promoted and demoted in the discursive struggle between the defenders of the existing CJS arrangements and critics who want to change/reform them.(Naughton 2003)

[faithlilly]

‘Miscarriages of justice’ or innocence fraud?

‘Definitions of ‘crime’ and ‘victim’ change over time, in part, precisely because certain events and/or forms of behaviour that cause harm are promoted and demoted in the discursive struggle between the defenders of the existing CJS arrangements and critics who want to change/reform them.(Naughton 2003)

A wrongly convicted person is a wrongly convicted person. That definition doesn’t change.

[Nicholas]

Miscarriages of justice will continue to be perpetrated as long as people like you continue to support the heavily weighted system that we have now.

‘Miscarriages of justice’ or innocence fraud?

‘Definitions of ‘crime’ and ‘victim’ change over time, in part, precisely because certain events and/or forms of behaviour that cause harm are promoted and demoted in the discursive struggle between the defenders of the existing CJS arrangements and critics who want to change/reform them.(Naughton 2003)

A wrongly convicted person is a wrongly convicted person. That definition doesn’t change.

‘Wrongly convicted’ or a miscarriage of justice and what’s the difference between the two?

[faithlilly]

‘Wrongly convicted’ or a miscarriage of justice and what’s the difference between the two?

You tell me?

[Nicholas]

You tell me?

You stated,

‘Miscarriages of justice will continue to be perpetrated as long as people like you continue to support the heavily weighted system that we have now’

and then

‘A wrongly convicted person is a wrongly convicted person. That definition doesn’t change’

What’s the difference between the two definitions - given it’s you who used them interchangeably

[Nicholas]

What was Mitchell doing outside at 10pm if it was his curfew and if he was out with Mia when he was contacted by JuJ’s this takes the time to around 10.40

The “two seconds” Corrine refers to is looking more like 40 minutes

According to Derek Morris for L&B police who carried out tests on Luke Mitchell’s mobile phone SIM card the text message from JuJ’s was recorded at 10.41 and read,

“2 wks grounding toad.. say bye to Luke”

[Nicholas]

Is this definitely true?

What did the report of the other pathologist say?

[Paranoid Android]

What did the report of the other pathologist say?

It seems he said it was true.