Author Topic: Sandra Lean has no shame?  (Read 5325 times)

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Offline Stephanie

Re: Sandra Lean has no shame?
« Reply #60 on: September 29, 2018, 03:57:38 PM »
HIDDEN IN PLAIN VIEW:
The impact of popular beliefs and perceptions, held as factual knowledge about the Criminal Justice System, on incidences of wrongful accusation and conviction.
SANDRA LEAN
A thesis submitted in fulfilment of the requirements of the University of Stirling for the degree of Doctor of Philosophy.
February 2012


Excerpt taken from Page 270
"Internet campaigns
The steady increase in internet campaigns, although creating an outlet for information which is largely ignored or dismissed by the mainstream print and broadcast media, is orchestrated by individuals who have little or no experience of creating and guiding a large media presence, or how to maintain and increase interest once a case has begun to draw attention. An apparently successful campaign for one high profile case in 2009/2010, which drew several hundred supporters, collapsed amidst a very public, bitter and acrimonious dispute between various contributors.(89) There were several consequences, including some contributors and supporters withdrawing from internet advocacy, others withdrawing from some campaigns whilst supporting others, and the creation of a general rift in what had, prior to that, been an encouraging and cohesive group. Anonymous and malicious posting, and posters using multiple online identities, have been an ongoing difficulty for online campaigns (and campaigners), with smear tactics and dishonesty being used to discredit individuals and cases, sometimes spilling over into physical threats and arrests. (90)

https://dspace.stir.ac.uk/bitstream/1893/11691/3/Thesis%2Babsolute%2Bfinal.pdf

(89) This campaign was beset with difficulties introduced by control issues, contributors who were ignorant of the actual legal processes involved, defensiveness, a tendency for contributors to interpret criticisms and suggestions as personal attacks, and the recurring difficulties of malicious and disingenuous contributors posting under numerous false identities.

Billy Middleton was known to post maliciously and disingenuously.

And didn't Sandra Lean also have an alias?

« Last Edit: September 29, 2018, 04:01:14 PM by Stephanie »
"When flying monkeys come calling, just click your ruby slippers together and remember that even narcs can be defeated once you know the truth"

Offline Angelo222

Re: Sandra Lean has no shame?
« Reply #61 on: September 29, 2018, 04:36:33 PM »
I have removed several posts and issued a warning.  If there are any further breaches of our rules I will close this thread.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Baz

Re: Sandra Lean has no shame?
« Reply #62 on: October 01, 2018, 03:57:01 PM »
I have removed several posts and issued a warning.  If there are any further breaches of our rules I will close this thread.

I personally think it should be closed and then deleted. The existence of the thread feels petty and churlish.

Offline jixy

Re: Sandra Lean has no shame?
« Reply #63 on: October 01, 2018, 04:46:32 PM »
I agree . It reached a whole new low but thankfully those posts were deleted not that the rest are worth reading either.
why use 5 words when 50 will do :)

Offline Stephanie

Re: Sandra Lean has no shame?
« Reply #64 on: October 04, 2018, 11:50:01 AM »
Experts in Miscarriages of Justice fight to clear Luke The Herald on Sunday 16th September 2018
"A THIRD appeal is being launched in the latest bid to prove that Luke Mitchell is innocent and should be released.
Criminologist Dr Sandra Lean is working with a legal team and Glasgow-based Miscarriages of Justice Organisation (MOJO) in a campaign to free him.
Lean, who dedicated her life to fighting injustice, is releasing a book later this year that she said would uncover failings in the police investigation into Mitchell.
She described it as “the biggest embarrassment possibly ever for Scottish police”
.
Paul McLaughlin of MOJO said the organisation was in the process of developing an application to the Scottish Criminal Cases Review Commission.
He said it was in the early stages and it was unlikely an application would be submitted this year, more likely in 2019.
MOJO campaigns for those who have been wrongfully convicted. The charity was founded by Paddy Hill – one of the six men wrongfully convicted of the Birmingham pub bombings in 1975.
The Birmingham Six had their convictions quashed in 1991, and Hill set up the Miscarriages of Justice Organisation in 2001 to fight for and support those who found themselves in similar circumstances. The charity is now spearheaded by directors McLaughlin and Cathy Molloy.
The organisation only became involved in launching another appeal for Luke Mitchell after the rejection of his previous appeal.
“We didn’t play an active part in the case because he had very good people working for him,” said Hill. “When the last application to the SCCRC didn’t result in the case being referred to the appeal court, that’s when we became actively involved.”
Any individual hoping to receive assistance from the charity must first undergo an extensive review.
Hill explained: “Our organisation will only deal with a case where we believe that a case can be made for factual innocence. That’s done through an examination of available materials and a discussion with the person that approaches us making the claim of innocence.
“We go through that thoroughly and find enough in the initial stages of the examination to suggest that there could well have been a miscarriage of justice.”
The organisation began to approach experts who could offer assistance and bring forward evidence for the new appeal. The charity is currently working alongside criminologist Lean, forensic scientist Professor Allan Jamieson, and two private investigators.
“MOJO’s role in any situation like this is to try to support individuals’ campaigns and their families,” said Hill.
“We are trying to highlight a miscarriage of justice.
“Our role in Luke’s case is to be a central point and begin organising and bringing in useful parties to the table, to work with each other.”
« Last Edit: October 04, 2018, 12:06:41 PM by Stephanie »
"When flying monkeys come calling, just click your ruby slippers together and remember that even narcs can be defeated once you know the truth"

Offline Stephanie

Re: Sandra Lean has no shame?
« Reply #65 on: October 04, 2018, 12:39:34 PM »
Experts in Miscarriages of Justice fight to clear Luke The Herald on Sunday 16th September 2018
"A THIRD appeal is being launched in the latest bid to prove that Luke Mitchell is innocent and should be released.
Criminologist Dr Sandra Lean is working with a legal team and Glasgow-based Miscarriages of Justice Organisation (MOJO) in a campaign to free him.
Lean, who dedicated her life to fighting injustice, is releasing a book later this year that she said would uncover failings in the police investigation into Mitchell.
She described it as “the biggest embarrassment possibly ever for Scottish police”
.
Paul McLaughlin of MOJO said the organisation was in the process of developing an application to the Scottish Criminal Cases Review Commission.
He said it was in the early stages and it was unlikely an application would be submitted this year, more likely in 2019.
MOJO campaigns for those who have been wrongfully convicted. The charity was founded by Paddy Hill – one of the six men wrongfully convicted of the Birmingham pub bombings in 1975.
The Birmingham Six had their convictions quashed in 1991, and Hill set up the Miscarriages of Justice Organisation in 2001 to fight for and support those who found themselves in similar circumstances. The charity is now spearheaded by directors McLaughlin and Cathy Molloy.
The organisation only became involved in launching another appeal for Luke Mitchell after the rejection of his previous appeal.
“We didn’t play an active part in the case because he had very good people working for him,” said Hill. “When the last application to the SCCRC didn’t result in the case being referred to the appeal court, that’s when we became actively involved.”
Any individual hoping to receive assistance from the charity must first undergo an extensive review.
Hill explained: “Our organisation will only deal with a case where we believe that a case can be made for factual innocence. That’s done through an examination of available materials and a discussion with the person that approaches us making the claim of innocence.
“We go through that thoroughly and find enough in the initial stages of the examination to suggest that there could well have been a miscarriage of justice.”
The organisation began to approach experts who could offer assistance and bring forward evidence for the new appeal. The charity is currently working alongside criminologist Lean, forensic scientist Professor Allan Jamieson, and two private investigators.
“MOJO’s role in any situation like this is to try to support individuals’ campaigns and their families,” said Hill.
“We are trying to highlight a miscarriage of justice.
“Our role in Luke’s case is to be a central point and begin organising and bringing in useful parties to the table, to work with each other.”

For those of us already familiar with police failings in criminal investigations, I'm unsure what another book by Sandra Lean can tell us that we don't already know?

Police failings are what also give the guilty plausible deniability.

Miss Lean posts this on the blue forum...

That is why I am not ashamed of my involvement in the Adrian Prout case. I would much rather take the risk of potentially being fooled on occasion than sit back, knowing what I do, and do nothing. For what it's worth, through all of the cases I have been involved in, to a greater or lesser degree in the last 9 plus years, Adrian is the only one whose claim of innocence has been destroyed - all of the others, over the years, have produced more and more evidence supportive of their innocence. It's a track record I can handle - I don't pay much heed to the critics, since I don't see most of them even attempting to do what I do every day of the year.

http://jeremybamberforum.co.uk/index.php/topic,551.msg115759.html#msg115759


The woman is incorrigible.  She should be ashamed at what she put Kate Prouts family through by by promoting the suggestion that she had run off leaving poor Adrian to face the music and the consequences.

The point being that Sandra Lean's actions very nearly allowed a murderer to go free.

Her support of Billy Middleton defines her as a person, morally and professionally.
« Last Edit: October 04, 2018, 12:42:27 PM by Stephanie »
"When flying monkeys come calling, just click your ruby slippers together and remember that even narcs can be defeated once you know the truth"

Offline Stephanie

Re: Sandra Lean has no shame?
« Reply #66 on: October 04, 2018, 12:50:39 PM »
For those of us already familiar with police failings in criminal investigations, I'm unsure what another book by Sandra Lean can tell us that we don't already know?

Police failings are what also give the guilty plausible deniability.
There are numerous examples of police failures in the news - too many to list

"Police issue fresh apology over harbour death case 'failings' 22 December 2017
The family of a man who died in 1997 have received a personal apology from a senior police officer over the way the case was handled.
The body of 24-year-old Kevin Mcleod was found in Wick harbour.
His family believe that injuries on his body showed that he was murdered.
Deputy Chief Constable Iain Livingstone said there had been "serious failings" on the part of Northern Constabulary, and officers had missed "the opportunity to gather vital evidence".
Mr Mcleod's uncle, Allan Mcleod, said there had been a "deliberate failure" by police to carry out a murder investigation in 1997.
He said this had then undermined every subsequent inquiry into the case..... 

https://www.bbc.co.uk/news/uk-scotland-highlands-islands-42455696

Essex police force admits failings in 'Goldfinger' murder case
https://www.theguardian.com/uk-news/2016/dec/20/john-goldfinger-palmer-inquest-essex-police-force-admits-failings

Poppi Worthington: Cumbria Police failed in toddler death investigation
https://www.bbc.co.uk/news/uk-england-cumbria-39139893

Stephen Port: Victims' families 'appalled' at police inquiry progress
https://www.bbc.co.uk/news/uk-39978661

David Oakes murders: IPCC finds 'systematic' police failings
https://www.telegraph.co.uk/news/uknews/crime/9492030/David-Oakes-murders-IPCC-finds-systematic-police-failings.html

Adrian Prout and Simon Hall's confessions give people like Sandra Lean (and others) who campaign to highlight alleged miscarriages of justice an opportunity to gather vital evidence and indeed knowledge to share so that their mistakes aren't repeated.

Deliberate failure by campaigners to not take responsibility for their mistakes will only undermine every subsequent case review they are associated with.    IMO.
« Last Edit: October 04, 2018, 03:22:24 PM by Stephanie »
"When flying monkeys come calling, just click your ruby slippers together and remember that even narcs can be defeated once you know the truth"

Offline Stephanie

Re: Sandra Lean has no shame?
« Reply #67 on: October 06, 2018, 09:59:02 AM »
Scots crime expert’s fight to clear killer Luke Mitchell
Third appeal and new book will claim police blundered in Jodi murder case


The Herald 15 Sep 2018 ALAN SIMPSON ROZLYN LITTLE

"A FRESH appeal is being launched to prove that notorious teenage killer Luke Mitchell is innocent and should be freed from jail.
The campaign is being led by a Scots criminologist who has dedicated her life to fighting injustice and defending those she believes have been wrongfully convicted.
It will be the third appeal on behalf of Mitchell, who was 14 when he murdered his girlfriend Jodi Jones, also 14. Found guilty in February 2005 and sentenced to a minimum of 20 years, he has always maintained his innocence but failed to overturn his conviction in 2008.
Dr Sandra Lean is working with a legal team to compile a fresh appeal. She has dedicated her career to the case, which happened in her home town of Dalkeith, Midlothian, 15 years ago.
The mother-of-two will also publish a book later this year that she claims will uncover failings in the original police investigation. She said: “This would be the biggest embarrassment possibly ever for the Scottish police.
“It was such a big case, the longest trial of a single accused in Scottish history. He was 14 years old when they first targeted him.
“I find this in all of the cases claiming wrongful conviction. The evidence before the jury is not all the evidence and never has been, never will be. It’s the evidence that supports the prosecution narrative.
“Now people find that really difficult to accept. Unless it can be tied specifically to something that the prosecution is alleging, it will not go before the jury.”
Jodi was stripped, tied up and stabbed to death in woods on June 30, 2003. Her body lay behind a wall running alongside a walkway known as the Roan’s Dyke path.
A hole had been cut in her windpipe and the main artery in her neck was severed virtually all the way through. The schoolgirl had multiple injuries to her head and wounds to her face, breast and arms.
The final moments of her life became the focus of one of the biggest investigations ever conducted by Lothian and Borders Police. More than 200 police staff were involved in the inquiry, taking 3,150 statements from more than 2,000 people.
During the subsequent high-profile trial at the High Court in Edinburgh, prosecutor Alan Turnbull, QC, described the tragedy as “the most gruesome killing of recent years”.
There were three main planks of evidence at the heart of the prosecution case, which was based entirely on circumstantial evidence.
The Crown suggested the evidence of the accused’s brother, Jodi’s family members and a passer-by were sufficient grounds on which to convict Mitchell, who lodged special defences of alibi and incrimination.
Mitchell, of Dalkeith, was convicted of the killing after the longest single-accused murder trial in Scots legal history. He was detained for life with a minimum of 20 years.
Mitchell has constantly protested his innocence. The murder weapon has never been recovered and there was no credible DNA evidence linking him to the killing.
Dr Lean, who has two daughters, had a quiet but content life, while running her new business – an alternative health centre in the town. This soon changed when the area was rocked and divided by the murder.
After doubts that Mitchell was not the perpetrator of the crime, she began to investigate and became convinced the schoolboy had suffered a miscarriage of justice. She gained a PHD in criminal justice and has become a campaigner for those wrongfully convicted and currently works with the charity, the Miscarriages of Justice Organisation.
Dr Lean said: “I lived in the local area. It started with doubts about how quickly attention had focused on Luke, and some of the stories I was hearing seemed so ridiculous and small-town mentality – a lot of gossip.
“Then, over time, more bits and pieces just seemed strange, and his mother Corrine put a note through the door of my workplace one day.
“It said, ‘I’ve heard what you’re saying about my son’s situation, can you help us?’ I knew nothing about the justice system or anything, but I agreed to meet her and Luke, and they started telling me about what had been going on and where some of the stories that were doing the rounds had come from.
“What convinced me he was innocent, finally, was access to all of the case papers in 2009.”
Dr Lean claims she knew Mitchell was innocent the first time they met.
She added: “I was having a cup of coffee with Corrine and her mum Ruby, and this lad sort of ambled in, the head down. And then he just walked over, and he stuck his hand out and shook mine and said, ‘I’m Luke’. Very quiet, very, very polite. He looked – I thought – haunted. He looked me straight in the eye, I need to make that absolutely clear.”
In 2014, alongside the help of QC human rights lawyer, Maggie Scott – now a High Court Judge – the pair composed an appeal to present on Mitchell’s behalf to the Scottish Criminal Cases Review Commission, which was rejected.
She said: “This is not just about justice for Luke Mitchell, it’s about justice for Jodi as well, because I don’t believe she or her family have had justice and I never have.”
Jodi Jones’ family were approached for comment but they declined.

Justice campaigner:
The Herald 15  Sep 2018 ROZLYN LITTLE

"DOCTOR Sandra Lean has dedicated her career to defending those who have been wrongfully convicted.
A mother of two daughters, she had a quiet but content life, running her own business in the town of Dalkeith.
But that all changed when the area was rocked by the brutal murder of 14-year old Jodi Jones in June 2003.
The teenager was discovered in woodland behind Newbattle High School – the same school that her eldest attended. At the heart of the crime was the accusation that 14-year old Luke Mitchell, Jodi’s boyfriend, was the murderer.
The murder would take Lean in an unexpected direction, as she sought to understand the events which were unfolding on her doorstep. After doubts that Mitchell was the killer, she began to investigate, leading to the publication of her first book about miscarriages of justice.
She then gained her PHD in criminal justice, becoming a fully qualified paralegal at the same time as finishing her thesis, all the while campaigning for those wrongfully convicted.
She is currently assisting the Miscarriages of Justice Organisation, to launch a new appeal for the release of Mitchell, who was convicted of the murder of Jones.
She said: “My girls went to Newbattle High School and they walked along the path which runs at right angles to the path where Jodi was found. And the more I saw, the more I thought, ‘are my kids safe walking that path to school? Have they gone after the wrong guy?”
“I want to know, I want to be absolutely sure that they’ve got the right guy, so I know my girls are safe and that the person that did this is not still hanging about in those woods.”
Initially, she was surprised at how quickly suspicion fell on Mitchell and decided to turn away from local gossip. She was convinced of his innocence in 2009, when she first gained access to his case files.
She said: “There were at least half a dozen people who were people of interest. For example, people with previous histories of violently attacking women. These people all had a history. They were in the system, and usually when something like that happens, they trawl the system looking for people who have committed similar crimes. That’s just a standard thing. And yet they didn’t do it in this case. And you’re just left thinking, why?”
Dr Lean is back compiling evidence alongside other experts to launch a third appeal for Mitchell.
She says: “It’s wrong and it needs to be put right because it could be any one of us. And to sit where Jodi’s mum is sitting now, 15 years down the line, not knowing the truth. That cannot be acceptable.”
Along the way, she has faced criticism and even death threats from members of the local community. Some call her disrespectful for her work, but she says. “I don’t think it’s disrespectful to seek the truth under any circumstances.”

EXCLUSIVE: First interview with Luke Mitchell from behind bars in tomorrow’s Herald on Sunday.
« Last Edit: October 06, 2018, 10:21:00 AM by Stephanie »
"When flying monkeys come calling, just click your ruby slippers together and remember that even narcs can be defeated once you know the truth"

Offline Stephanie

Re: Sandra Lean has no shame?
« Reply #68 on: October 06, 2018, 02:20:12 PM »
Scots crime expert’s fight to clear killer Luke Mitchell
Third appeal and new book will claim police blundered in Jodi murder case


The Herald 15 Sep 2018 ALAN SIMPSON ROZLYN LITTLE

"A FRESH appeal is being launched to prove that notorious teenage killer Luke Mitchell is innocent and should be freed from jail.
The campaign is being led by a Scots criminologist who has dedicated her life to fighting injustice and defending those she believes have been wrongfully convicted.
It will be the third appeal on behalf of Mitchell, who was 14 when he murdered his girlfriend Jodi Jones, also 14. Found guilty in February 2005 and sentenced to a minimum of 20 years, he has always maintained his innocence but failed to overturn his conviction in 2008.
Dr Sandra Lean is working with a legal team to compile a fresh appeal. She has dedicated her career to the case, which happened in her home town of Dalkeith, Midlothian, 15 years ago.
The mother-of-two will also publish a book later this year that she claims will uncover failings in the original police investigation. She said: “This would be the biggest embarrassment possibly ever for the Scottish police.
“It was such a big case, the longest trial of a single accused in Scottish history. He was 14 years old when they first targeted him.
“I find this in all of the cases claiming wrongful conviction. The evidence before the jury is not all the evidence and never has been, never will be. It’s the evidence that supports the prosecution narrative.
“Now people find that really difficult to accept. Unless it can be tied specifically to something that the prosecution is alleging, it will not go before the jury.”
Jodi was stripped, tied up and stabbed to death in woods on June 30, 2003. Her body lay behind a wall running alongside a walkway known as the Roan’s Dyke path.
A hole had been cut in her windpipe and the main artery in her neck was severed virtually all the way through. The schoolgirl had multiple injuries to her head and wounds to her face, breast and arms.
The final moments of her life became the focus of one of the biggest investigations ever conducted by Lothian and Borders Police. More than 200 police staff were involved in the inquiry, taking 3,150 statements from more than 2,000 people.
During the subsequent high-profile trial at the High Court in Edinburgh, prosecutor Alan Turnbull, QC, described the tragedy as “the most gruesome killing of recent years”.
There were three main planks of evidence at the heart of the prosecution case, which was based entirely on circumstantial evidence.
The Crown suggested the evidence of the accused’s brother, Jodi’s family members and a passer-by were sufficient grounds on which to convict Mitchell, who lodged special defences of alibi and incrimination.
Mitchell, of Dalkeith, was convicted of the killing after the longest single-accused murder trial in Scots legal history. He was detained for life with a minimum of 20 years.
Mitchell has constantly protested his innocence. The murder weapon has never been recovered and there was no credible DNA evidence linking him to the killing.
Dr Lean, who has two daughters, had a quiet but content life, while running her new business – an alternative health centre in the town. This soon changed when the area was rocked and divided by the murder.
After doubts that Mitchell was not the perpetrator of the crime, she began to investigate and became convinced the schoolboy had suffered a miscarriage of justice. She gained a PHD in criminal justice and has become a campaigner for those wrongfully convicted and currently works with the charity, the Miscarriages of Justice Organisation.
Dr Lean said: “I lived in the local area. It started with doubts about how quickly attention had focused on Luke, and some of the stories I was hearing seemed so ridiculous and small-town mentality – a lot of gossip.
“Then, over time, more bits and pieces just seemed strange, and his mother Corrine put a note through the door of my workplace one day.
“It said, ‘I’ve heard what you’re saying about my son’s situation, can you help us?’ I knew nothing about the justice system or anything, but I agreed to meet her and Luke, and they started telling me about what had been going on and where some of the stories that were doing the rounds had come from.
“What convinced me he was innocent, finally, was access to all of the case papers in 2009.”
Dr Lean claims she knew Mitchell was innocent the first time they met.
She added: “I was having a cup of coffee with Corrine and her mum Ruby, and this lad sort of ambled in, the head down. And then he just walked over, and he stuck his hand out and shook mine and said, ‘I’m Luke’. Very quiet, very, very polite. He looked – I thought – haunted. He looked me straight in the eye, I need to make that absolutely clear.”
In 2014, alongside the help of QC human rights lawyer, Maggie Scott – now a High Court Judge – the pair composed an appeal to present on Mitchell’s behalf to the Scottish Criminal Cases Review Commission, which was rejected.
She said: “This is not just about justice for Luke Mitchell, it’s about justice for Jodi as well, because I don’t believe she or her family have had justice and I never have.”
Jodi Jones’ family were approached for comment but they declined.
Re "QC human rights lawyer, Maggie Scott"

2017
High Court judge criticised as ‘vile rapist sympathiser’ after letting child sex attacker walk free
(Rape victim "Catherine" 12 years old)

https://www.independent.co.uk/news/uk/crime/judge-rapist-sympathiser-daniel-cieslak-child-sex-attacker-sentence-reaction-lady-maggie-scott-a7880541.html

2011
Jodi Jones killer Luke Mitchell in fresh court appeal
(Luke Mitchell 14 years old)

https://www.dailyrecord.co.uk/news/scottish-news/jodi-jones-killer-luke-mitchell-1095899



"The judge, Lady Maggie Scott, said Cieslak was culpable under “strict liability”, where victims under 13 are deemed by law to be incapable of consent, but said there was no public interest in punishment due to “a number of exceptional circumstances”.

Cieslak appeared to be on the verge of tears as he left the dock to be hugged by a number of tearful women who supported him in court.

The court heard that police first became aware of the rape when the 12-year-old told her sister she was “extremely worried” she could be pregnant. The victim’s GP then encouraged her to inform the police, the court was told.

Scott said in her ruling that the victim “willingly participated” in the sex and that “she had no concerns and there was no suggestion of her being distressed”.

Cieslak, who had been studying architectural engineering at Napier University, had been “subject to considerable pressure and distress from the burden of this prosecution”, the judge said.

Scott said: “Although the factual absence of consent is not an ingredient of the offence, it is a material factor for the purposes of sentencing. Here the victim willingly participated in the sexual intercourse and there was, in fact, consent.

“So too, whilst there is no defence to this offence because of strict liability, the fact is that you would have had a defence if the victim had been a few months older.

“The statutory offence for girls aged over 13 to 16 years provides for a defence based on reasonable grounds of belief by the accused that the victim was above the age of consent.

“It is clear from the agreed facts presented to me that the Crown would have been unlikely to, or unable to, exclude such a defence and they do not dispute this. Accordingly, it is very unlikely the Crown could prove a crime had the victim been over 13 years of age.”

Cieslak became distressed when he was told the age of the victim by police officers and has dropped out of a college course, Scott said.

Taking into account that all witnesses on the night thought the victim was over 16, that Cieslak was told she was 16 and with no signs of distress, Scott said: “Your criminal culpability here is wholly restricted to the application of strict liability within this offence.

“That is in marked distinction to other reported cases under this statutory provision, which have involved conduct involving assault or recklessness or force, or the absence of consent or have resulted in distress to the victim – all of which are factors which raise the need for punishment.

“In addition, there is no suggestion here of predatory conduct or grooming or manipulation or deception.”

Scott said she did not believe there was “any need for, or public interest in, punishment.” She added: “To do so would in my view be disproportionate given the nature of the criminal culpability here.

“Nor do I consider there is any basis for, or real public interest in, requiring your notification under the Sexual Offences Act 2003.

“Considering all of these factors I have reached the conclusion that justice is best served in this case by taking the wholly exceptional decision not to sentence you and instead I discharge you absolutely.”

Scott previously provoked anger when she said a convicted rapist deserved “credit” for overcoming his “very difficult background” to become a successful business owner.

The judge made the remarks as she sent Hamadache Hamza to jail for six years for an attack on a 30-year-old woman at her home in Scotstoun, Glasgow, in May 2011.

A spokeswoman for Rape Crisis declined to comment on the Cieslak case but said: “A 12-year-old child does not legally have the capacity to give their consent and sexual activity with them is always therefore a sexual offence.”

They added: “It’s any adult’s legal and moral responsibility to actively seek and be sure they have received the other person’s consent for any and all sexual activity with them.

“This includes making sure that that person has the freedom and capacity to give their consent. For example, if someone is unsure as to whether the person they’re with is too drunk to freely consent, they should not have sex with them.”
https://www.theguardian.com/uk-news/2017/mar/17/man-who-pleaded-guilty-of-raping-12-year-old-freed-by-glasgow-high-court



"A JUDGE has been criticised after she gave a man who admitted raping a 12-year-old girl an absolute discharge.
Daniel Cieslak, 21, had believed the girl to be 16, the High Court in Glasgow heard.
The student, who was then 19, had met her in Edinburgh and taken her to a party where they had consensual sex.
Lady Scott said people who met the girl thought she was over 16. She had been an “active participant” and that Cieslak had not groomed her. Rape legislation was revised in 2009 so that a child under 13 cannot give informed consent to sexual intercourse.
Clinical psychologist Dr Mairead Tagg said: “You cannot on one hand say that 12-year-olds need to be protected because they cannot give consent then base a judgment on the victim’s complicity. She was 12.”
A JUDGE who allowed a student who admitted raping a 12-year-old girl to walk free from court has “fundamentally misunderstood” the law, a leading psychologist has said.
Lady Scott took the “wholly exceptional” decision to grant firsttime offender Daniel Cieslak, 21, an absolute discharge at the High Court in Glasgow.
Cieslak had believed the girl, who he met in a taxi queue in Edinburgh in July 2015, was 16.
Rape laws, which were strengthened in 2009, do not allow any child under the age of 13 to give informed consent about sexual intercourse, which should mean there is no defence of consent.
Lady Scott said there were exceptional circumstances in the case, including the accused and other witnesses believing the girl was 16 or older, that the child was an “active participant” in sexual activity and that there was no suggestion of “predatory conduct” or grooming.
But a leading expert in genderbased violence said the girl’s age was the inescapable fact in the case.
Dr Mairead Tagg said: “You cannot on one hand say that 12-year-olds need to be protected because they cannot give consent then base a judgment on the victim’s complicity. She was 12 years old.
“The body of a young girl reaching adolescence responded to the sexual overtures of an adult. We find this often with sex abuse victims.”
The clinical psychologist added: “This is an indictment of our sexualised society. Why do we have 12-year-olds who are so clearly sexualised?”
Lady Scott said she had decided “justice is best served” by taking the “wholly exceptional decision” to give Cieslak an absolute discharge, telling the court the statutory rape offence had a “very wide scope” with, as a result, a “variation” in sentencing.
The judge went on: “The fact the Lord Advocate decided it was in the public interest in bringing this prosecution does not limit my discretion in deciding the appropriate disposal.”
She said the purpose of the offence was to “protect young girls”, but added there were “exceptional circumstances” in this case.
The judge concluded: “I am satisfied you have been subject to considerable pressure and distress from the burden of this prosecution.
“I do not consider there is any need, or public interest, in punishment. To do so would, in my view, be disproportionate given the nature of the criminal culpability here.”
A hearing was last month told how the victim and a teenage friend had been in Edinburgh city centre on July 31, 2015. In the early hours of the next morning, police were in Princes Street looking for another girl.
The 12-year-old happened to direct officers to the child they were looking for.
Despite the time, prosecutor Kath Harper explained: “Police spoke to [the girl who was raped], but did not note her details as they were not concerned by her age.”
‘‘ You can’t say 12-year-olds cannot give consent then base a judgment on the victim’s complicity
The court heard that about 4am, the girl and her friend met Cieslak and one of his friends in a taxi queue. The victim said she was 16 and her friend was 17. The taxi driver later said he thought the girl was 20.
Cieslak then invited them to a party at his friend’s house, where he had sex with the 12-year-old. The court heard that she left the next morning, and there had been no suggestion of her being distressed.
The offence came to light days later after the girl told her sister she was “extremely worried” she could be pregnant.
Prosecutor Miss Harper said: “When it became clear police were suggesting she was younger, he asked them what age she was.
« Last Edit: October 06, 2018, 03:45:54 PM by Stephanie »
"When flying monkeys come calling, just click your ruby slippers together and remember that even narcs can be defeated once you know the truth"

Offline Stephanie

Re: Sandra Lean has no shame?
« Reply #69 on: October 07, 2018, 10:19:22 AM »
Scots crime expert’s fight to clear killer Luke Mitchell
Third appeal and new book will claim police blundered in Jodi murder case


The Herald 15 Sep 2018 ALAN SIMPSON ROZLYN LITTLE

"A FRESH appeal is being launched to prove that notorious teenage killer Luke Mitchell is innocent and should be freed from jail.
The campaign is being led by a Scots criminologist who has dedicated her life to fighting injustice and defending those she believes have been wrongfully convicted.
It will be the third appeal on behalf of Mitchell, who was 14 when he murdered his girlfriend Jodi Jones, also 14. Found guilty in February 2005 and sentenced to a minimum of 20 years, he has always maintained his innocence but failed to overturn his conviction in 2008.
Dr Sandra Lean is working with a legal team to compile a fresh appeal. She has dedicated her career to the case, which happened in her home town of Dalkeith, Midlothian, 15 years ago.
The mother-of-two will also publish a book later this year that she claims will uncover failings in the original police investigation. She said: “This would be the biggest embarrassment possibly ever for the Scottish police.
“It was such a big case, the longest trial of a single accused in Scottish history. He was 14 years old when they first targeted him.
“I find this in all of the cases claiming wrongful conviction. The evidence before the jury is not all the evidence and never has been, never will be. It’s the evidence that supports the prosecution narrative.
“Now people find that really difficult to accept. Unless it can be tied specifically to something that the prosecution is alleging, it will not go before the jury.”
Jodi was stripped, tied up and stabbed to death in woods on June 30, 2003. Her body lay behind a wall running alongside a walkway known as the Roan’s Dyke path.
A hole had been cut in her windpipe and the main artery in her neck was severed virtually all the way through. The schoolgirl had multiple injuries to her head and wounds to her face, breast and arms.
The final moments of her life became the focus of one of the biggest investigations ever conducted by Lothian and Borders Police. More than 200 police staff were involved in the inquiry, taking 3,150 statements from more than 2,000 people.
During the subsequent high-profile trial at the High Court in Edinburgh, prosecutor Alan Turnbull, QC, described the tragedy as “the most gruesome killing of recent years”.
There were three main planks of evidence at the heart of the prosecution case, which was based entirely on circumstantial evidence.
The Crown suggested the evidence of the accused’s brother, Jodi’s family members and a passer-by were sufficient grounds on which to convict Mitchell, who lodged special defences of alibi and incrimination.
Mitchell, of Dalkeith, was convicted of the killing after the longest single-accused murder trial in Scots legal history. He was detained for life with a minimum of 20 years.
Mitchell has constantly protested his innocence. The murder weapon has never been recovered and there was no credible DNA evidence linking him to the killing.
Dr Lean, who has two daughters, had a quiet but content life, while running her new business – an alternative health centre in the town. This soon changed when the area was rocked and divided by the murder.
After doubts that Mitchell was not the perpetrator of the crime, she began to investigate and became convinced the schoolboy had suffered a miscarriage of justice. She gained a PHD in criminal justice and has become a campaigner for those wrongfully convicted and currently works with the charity, the Miscarriages of Justice Organisation.
Dr Lean said: “I lived in the local area. It started with doubts about how quickly attention had focused on Luke, and some of the stories I was hearing seemed so ridiculous and small-town mentality – a lot of gossip.
“Then, over time, more bits and pieces just seemed strange, and his mother Corrine put a note through the door of my workplace one day.
“It said, ‘I’ve heard what you’re saying about my son’s situation, can you help us?’ I knew nothing about the justice system or anything, but I agreed to meet her and Luke, and they started telling me about what had been going on and where some of the stories that were doing the rounds had come from.
“What convinced me he was innocent, finally, was access to all of the case papers in 2009.”
Dr Lean claims she knew Mitchell was innocent the first time they met
.
She added: “I was having a cup of coffee with Corrine and her mum Ruby, and this lad sort of ambled in, the head down. And then he just walked over, and he stuck his hand out and shook mine and said, ‘I’m Luke’. Very quiet, very, very polite. He looked – I thought – haunted. He looked me straight in the eye, I need to make that absolutely clear.
In 2014, alongside the help of QC human rights lawyer, Maggie Scott – now a High Court Judge – the pair composed an appeal to present on Mitchell’s behalf to the Scottish Criminal Cases Review Commission, which was rejected.
She said: “This is not just about justice for Luke Mitchell, it’s about justice for Jodi as well, because I don’t believe she or her family have had justice and I never have.”
Jodi Jones’ family were approached for comment but they declined.

There's that pesky "double bind tactic" again  *&^^&

There's some interesting and valid comments made at the bottom of this article.

https://www.heraldscotland.com/news/16868077.crime-experts-fight-to-clear-luke-mitchell/#comments-anchor

"well if he looked her "straight in the eye" he must be innocent"

I'm guessing the apparent disfunction between Luke Mitchell and his mother doesn't phase MOJO?
« Last Edit: October 07, 2018, 10:31:12 AM by Stephanie »
"When flying monkeys come calling, just click your ruby slippers together and remember that even narcs can be defeated once you know the truth"

Offline Stephanie

Re: Sandra Lean has no shame?
« Reply #70 on: October 16, 2018, 06:44:11 PM »
I was conned by Simon Hall.

He turned out to be a dangerous and highly disordered individual who had indeed brutally murdered a defenceless elderly lady in her own home.

I needed to understand how I had been taken in by his deceptive claims of innocence in the first place.

One way I did this was through learning about varying personality disorders and physiological and emotional manipulation; which included understanding people's motivations for knowingly or unknowingly manipulating others.

"Psychological manipulation can be defined as the exercise of undue influence through mental distortion and emotional exploitation, with the intention to seize power, control, benefits and/or privileges at the victim’s expense.

It is important to distinguish healthy social influence from psychological manipulation. Healthy social influence occurs between most people, and is part of the give and take of constructive relationships. In psychological manipulation, one person is used for the benefit of another. The manipulator deliberately creates an imbalance of power, and exploits the victim to serve his or her agenda.

Not everyone who acts in the following manners may be deliberately trying to manipulate you. Some people simply have very poor habits. Regardless, it’s important to recognize these behaviors in situations where your rights, interests and safety are at stake.


3.  Manipulation of Facts
Examples: Lying. Excuse making. Two faced. Blaming the victim for causing their own victimization. Deformation of the truth. Strategic disclosure or withholding of key information. Exaggeration. Understatement. One-sided bias of issue.

4.  Overwhelm You with Facts and Statistics
Some individuals enjoy “intellectual bullying” by presuming to be the expert and most knowledgeable in certain areas. They take advantage of you by imposing alleged facts, statistics, and other data you may know little about. This can happen in sales and financial situations, in professional discussions and negotiations, as well as in social and relational arguments. By presuming expert power over you, the manipulator hopes to push through her or his agenda more convincingly. Some people use this technique for no other reason than to feel a sense of intellectual superiority.
https://www.psychologytoday.com/intl/blog/communication-success/201510/14-signs-psychological-and-emotional-manipulation

On 8th January 2017 I posted the following on a public Internet forum where Sandra Lean, author of No Smoke - The shocking truth about British justice, is a member.

"Sandra, Simon Hall was guilty. As yet you haven't publicly acknowledged this fact and I'd like to ask you why.
You see whilst your book remains as is, you are knowingly putting erroneous information into the public domain.
Have you considered the social and political aspects of this and the impact of such erroneous information on other innocent victims?
From the point Simon Hall murdered, everyone he came into contact with was an innocent victim; not least of all the person he chose to murder. That includes you Sandra! I was reminded of this by a senior police officer who worked on the murder investigation in 2001/02 and who also had the unfortunate job of being at JA's post mortem. He also told me that once you are able to accept you are a victim you will be able to move forward.
And he was right imo. I had to accept I had been a victim in order to heal and move forward from the experience.
I recognise I cannot save all other victims from men like Simon Hall but I am appealing to your better nature to consider the impact your book could have on others. Whilst I fully understand you probably want to put it all behind you, there will be a point in the future imo where these matters will need addressing. Why wait when you can do something about it now?
http://jeremybamberforum.co.uk/index.php/topic,8086.0.html?PHPSESSID=d74smacmpv42sl6cplrruv1e95

"Dr Sandra Lean presents Episode 1 of a 6 part series on Matthew’s case,  examining the horrific murder of an old lady, the relentless pursuit, not once, but twice, of a man who insists he is completely innocent, a police investigation spanning 8 years and two trials reportedly costing together over £7 million, that leave many, many unanswered questions.

What was the police investigation really looking for and what was driving it? This episode looks at missed opportunities, inexplicable omissions and obvious routes of enquiry that were never pursued. What was it, in the end, that sent this investigation in the direction it finally took … and why?

The first trial, the evidence and a shocking discovery. Was this a simple mistake, or was there something far more sinister going on? And how did the case get all the way to trial with this information in the hands of police investigators the whole time?

The true horror of double jeopardy … no matter how flawed the first attempt at obtaining a conviction, the Criminal Justice System gets a second chance and this time, it’s not going to fail. But, with more than six years to prepare and a “dress rehearsal,” have they covered all the bases or is there, like the first trial, hidden information that fatally undermines the prosecution case

Fallout … once a conviction is obtained, is it acceptable to demonise that person’s entire family and friends? What happens to those who are routinely considered to be “collateral damage”? Are we sitting on a ticking time bomb that could explode under any one of us tomorrow?

Can you end up facing conviction for trying to uncover the truth in the UK in 2018? Can the system uphold convictions even when presented with conclusive proof they’ve incarcerated the wrong person? Do investigators ignore obvious suspects who match every aspect of the crime, in order to pursue their chosen “suspect” and to maximise their chances of securing a conviction, even if they know they’re convicting an innocent person? This is justice in 2018 …
Visit Sandra’s homepage here:
https://miscarriageofjustice.wordpress.com/
https://matthewhamlenisinnocent.wordpress.com/podcasts/

"Human Hacking: How social engineers manipulate victims' frame of reference
What is 'framing' in the context of social engineering? This excerpt from Chris Hadnagy's new book explains

"The principles outlined in this section are some of the deadliest influence tactics used today. These tactics can literally give a social engineer powers to motivate people, move them, and cause them to react in ways that will put them in the social engineer's control

Remember that influence and the art of persuasion is the process of getting someone else to want to do, react, think, or believe in the way you want them to. Creating the motivation within a target is a powerful force; it is a social engineer's superpower.

What do I mean by that? I have often found that after I practice a certain skill and become proficient at it, 'turning it off' is very hard. This trait may sound attractive, but being cautious when it comes to who you are influencing, especially as a social engineer, is a good idea. To ingrain these skills into your personality, use them for helping others. For example, when you start to practice reading microexpressions and even using them to manipulate a target, the initial response might be to think you have some mystical power that allows you to almost read minds.
This is where caution is wise. Practice the skill and work toward perfecting it, but don't assume you know it all.

If you can influence someone to stop smoking, to start working out, or to be healthier, then you will learn to tap into these skills at will to benefit others, and using them in your social engineering practice is not a farfetched idea.

Many of these skills require you to actually be interested in people, care about them, and empathize with them. If these are not natural abilities for you, then you must work hard to obtain those skills. I urge you to take that time, because the skills in the preceding section can lead you to being a grand master social engineer.

Imagine you could alter what you think to the extent that gaining these skills could be easier. Imagine now, too, if you could alter the thinking of your targets so what they experience is exactly what you want them to experience. Literally altering the reality of those you interact with, including yourself, is the next topic, and it will just blow you away.

Framing has been defined as information and experiences in life that alter the way one reacts to the decisions one must make. From a nonsocial engineer point of view, framing is your own personal experiences and the experiences of others that you allow into your conscious mind to alter the way you make decisions.
Grocery stores use framing by putting "75% lean" on a package of ground meat as opposed to "25% fat." These terms mean the same thing (both have 25% fat content) but one sounds healthier and is more appealing to the buyer, and that is why stores use 75% lean as opposed to labeling the actual fat content.
The preceding example is simple, but it is also one that helps to show the power of framing. Simply presenting the facts in a different way can make something seem good that would normally be considered bad.

Politics
Framing has long been used in politics. Simply the way campaigns or messages are worded can make a huge difference in the way the public perceives a message.
Consider, for example, George Lakoff, a professional cognitive linguist. Read more here:
https://www.csoonline.com/article/2126984/social-engineering/social-engineering-human-hacking-how-social-engineers-manipulate-victims-frame-of-reference.html

"A man has gone on trial for the second time accused of murdering two nine-year-old girls 32 years ago.
Russell Bishop, 52, strangled Nicola Fellows and Karen Hadaway who were found dead in woods near Brighton in October 1986, the Old Bailey heard.
He was cleared of their murder after a trial in 1987, jurors were told.

https://www.bbc.co.uk/news/uk-england-sussex-45877485
« Last Edit: October 16, 2018, 06:48:42 PM by Stephanie »
"When flying monkeys come calling, just click your ruby slippers together and remember that even narcs can be defeated once you know the truth"