Author Topic: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.  (Read 31531 times)

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Offline Carana

Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #45 on: January 20, 2014, 06:36:58 PM »
@Vixte


http://www.scotland.gov.uk/Publications/2004/12/20339/47561#7

Its possible it may be reduced to culpable homicide, which is without intent.

See 3.7


All depends on all the evidence, which we dont know about, very sad

Thanks for finding that, Red. I really wasn't expecting a murder charge.

Based on 3.8, I'm wondering if they went for the highest possible charge in the first instance pending the next phase, i.e., they may not have all the forensics / autopsy in yet and they only had 12 hours + the 12 hours extension to question her and decide to arrest and lay charges or not.



3.8 After a decision to prosecute is made

If an accused is to be prosecuted, they will be given a formal document called a petition that tells them what initial charge they will face. They will then appear in court in private ( see section 4.2 for more details). At that stage, the PF will begin their detailed investigation (called the precognition).

The purpose of precognition is for the PF to examine all the available evidence and obtain any more evidence that is needed. This could include forensic or medical evidence which supports the case. The PF will interview important witnesses, and ensure that all the investigation that needs to be done is completed. You may be interviewed so that a precognition (statement) may be taken from you.

The PF makes recommendations to Crown Counsel about whether there should be criminal charges and what they should be. Before making these recommendations, the PF will have considered the law, the evidence and whether it is in the public interest to prosecute. This means the crime has to be recognised in Scots Law. There also has to be enough reliable and credible evidence that the crime was committed and that the accused was responsible.


Redblossom

  • Guest
Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #46 on: January 20, 2014, 06:37:49 PM »
Illegal under Scottish Law to show the face at this point. The press can be sued.

http://en.wikinews.org/wiki/UK_media_apparently_conflict_with_Scots_law_in_Mikaeel_Kular_case

Bit pointless now though isnt it....

Offline Sherlock Holmes

Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #47 on: January 20, 2014, 06:40:27 PM »
which is why the parents taking their children on the search was not appropriate - I was surprised the police did not stop that

Very interesting point. Surely the police must have realised early on that her story didn't make sense and that Mikaeel could have been missing for much longer; that there was a good chance, sadly, of not finding him alive.

Hypothermia would probably have got the better of him, even if he had only been missing for a short time.

Offline Sherlock Holmes

Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #48 on: January 20, 2014, 06:41:26 PM »
Bit pointless now though isnt it....

It is now, though theoretically the papers can be sued for publishing her name and picture last week.

Online Eleanor

Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #49 on: January 20, 2014, 06:41:53 PM »
Bit pointless now though isnt it....

Isn't it just.  Now what was her name?

Offline VIXTE

Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #50 on: January 20, 2014, 06:42:49 PM »
The simple fact of having found the little body (possibly in advanced decomposition state) after searching an alive little boy and hoping to find him during so many hours explains the police officer's face.
The autopsy without ambiguity revealed Mikaeel's death wasn't natural. His mother (who anyhow is guilty of cheating the police) might have refused to talk to protect someone and hence was charged.

She was posting on instagram on the 14th and reported him missing on the morning of 16th.. I don't think he was in decomposed state..
IMO whatever happened was in between the night on 14th and the morning of 16th. But I agree with everything else..

Offline Carana

Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #51 on: January 20, 2014, 06:46:44 PM »
For the sake of the family and her right to a fair trial, being charged doesn't mean that she's been found guilty. The public won't find out what evidence there is until the trial. The investigation has gone so fast, and however much I find that they did their utmost to try to find the child, there's always the possibility that they've jumped the gun in terms of what actually happened.

Offline VIXTE

Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #52 on: January 20, 2014, 06:48:01 PM »
Actually her google searches for the 14th, 15th and 16th would reveal her state of mind.
Technology would help a lot in this case too.
If she for example not answering her questions but keeping quiet then her technology fingerprint would help

Cariad

  • Guest
Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #53 on: January 20, 2014, 06:50:20 PM »
I was watching the charges read out live on the beeb and some guy in the background shouted 'hang the b*tch'. She's going to have a hard time getting a fair trial considering the coverage. I realise that she instigated that by reporting Mikaeel missing, but I wonder what impact that will have on the procedure?


Offline Sherlock Holmes

Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #54 on: January 20, 2014, 06:51:43 PM »
Well here's where she is now:

http://en.wikipedia.org/wiki/HM_Prison_Cornton_Vale

http://news.stv.tv/west-central/153161-cornton-vale-prison-overcrowded-cold-meals-and-a-two-hour-wait-for-the-toilet/


A notoriously 'bad' prison.

I lived not so far away from here my very early years, and the very mention of the name 'Cornton Vale' and rumours of conditions would instill trepidation in children.

Offline Sherlock Holmes

Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #55 on: January 20, 2014, 06:55:45 PM »
She was posting on instagram on the 14th and reported him missing on the morning of 16th.. I don't think he was in decomposed state..
IMO whatever happened was in between the night on 14th and the morning of 16th. But I agree with everything else..

Were they pictures of Mikaeel? (Sorry, I just can't bear to look at the thing myself).

Could they have been taken before the 14th and only posted then?

Redblossom

  • Guest
Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #56 on: January 20, 2014, 06:56:24 PM »
It is now, though theoretically the papers can be sued for publishing her name and picture last week.

Thats the law I suppose, dotting the i'sand crossing the t's...in the main the majority of pictures were around the story as it unfolded, not showing her picture specifically as the named detained and later charged...as I said, whats the point of shutting the door when the horse has bolted.....anyway, not a very important issue now
« Last Edit: January 20, 2014, 06:58:08 PM by Redblossom »

Offline Carana

Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #57 on: January 20, 2014, 06:57:41 PM »
the FACT is we are non the wiser..it could still be an accidental death with an element of wicked recklessness

Yes, I just reread that definition.

I don't if this helps to clarify what "wicked recklessness" means.

http://www.heraldscotland.com/sport/spl/aberdeen/when-murder-can-be-defined-as-an-act-of-wicked-recklessness-1.46347

Lyall

  • Guest
Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #58 on: January 20, 2014, 06:59:39 PM »
Were they pictures of Mikaeel? (Sorry, I just can't bear to look at the thing myself).

Could they have been taken before the 14th and only posted then?

No, SH. None of him posted on the 14th.

Offline Sherlock Holmes

Re: Mikaeel Kular: Mother Rosdeep Kular appears in court on murder charge.
« Reply #59 on: January 20, 2014, 07:00:48 PM »
No, SH. None of him posted on the 14th.

OK, thanks Lyall.