The Computer Searches as EvidenceThis is the crux of the case... I don't believe that they are Dr Vincent Tabak's searches personally which I have explained why on numerous occasions... But I wanted to look at them as "EVIDENCE".. in themselves.
Guidance
Information obtained from a computer, whether printed out or read from a display, may be divided into three categories. For more detail see <Archbold 9-11 9-13>.
The first is where the computer has been used simply as a calculator to process information.
The second is information the computer has been programmed to record.
The third category is information recorded and processed by the computer which has been entered by a person, whether directly or indirectly. It is only information from a computer in this third category which is hearsay: to be admissible, it must be brought within one of the exceptions to the rule against hearsay.
Where the statement in a document produced by a computer contains hearsay evidence, it is also necessary to comply with the provisions of the Criminal Justice Act 2003 especially sections 127 and 129 see <Archbold 11-45 to 11-59>
Well I would say that the searches come under "Hearsay" evidence... therefore should not have been allowed...
They have used
The Second exception to validate the use of the searches , which (IMO) is not what the intent of this Guidance was intended for ....
Lets look at
The Second.... You could basically say that everything on a computer comes under this massive umbrella.. But is that correct...
All computers are programmed to record.... But record what is the question..... How do you define two different records as being accurate... I'll explain... Every program records information differently... And if two programs are not completely compatable, there will be annomolies....
Yes.. Search engines like Google are made to work on different Operating Systems, but do they display in exactly the same way on all??
So... If I was running a Windows Operating System and did a search... Would the Windows Operating system record the Search acuratley once I had put the information into Google?
Is it going to be 100% accurate? A bit like using Google Translater... You put the Information in... But the answer is not always accurate.... So the recording of the Information will not be accurate ..... So how can the searches be deemed as accurate??
We have a Dutch national doing searches on Google... Google who cannot correctly translate foreign languages and therefore the recording of such information cannot be accurate... being used in a court of law, which basically ahould have come under
Hearsay Evidence as far as I can see...
The recording of the information on a computer needs to be accurate, as to be able to be used in Evidence.... Not a rough guess...
I have attached two images that show how the translator either misses words or changes those words...
I put into google in English
"Rudolph the red nosed Reindeer had an eppy".... The "Dutch Translating it gave me was :
"Rudolph de rode neusrendeier had en eppy ..I then put the Google Dutch translation into the translator... to translate it back into English and this is what it said ...
Rudolph the red nostrils had an eppy proving that The Searches cannot be trusted....
This also got me thinking on how the word "Definition" was Missing... It actually made me laugh.... It is almost like someone did exactly what I had done and put the searches into google first in English then translated them and then translated them again.... As I have demonstrated...
And I will say that is what I think they did....(IMO) because how would they know that the word
Definition was Missing form the search if the word doesn't show up in the translation... They would only know that the word was Missing" if they had put the information in themselves .... (IMO)
Looking at Google.... I've scratched my head about whether you could class this as a program... Well it's not a "Built In" Program... You have to use your computer to access google... It's a
Search Engine... And therefore is not a program as part of your computer.... And it does not accuratley record information one has entered ....
How were these searches ever allowed into evidence ... when they were surely many many searches A Dutchman did written in the Dutch Language... And therefore... pieces of information will always be Missing" which also changes the context of any search that had been done upon any computer ....
Once again... I'll show how the translator changes and doesn't record accuratley... I put again into the Translator.. Which are images 3 and 4 .....
Rudolph the red nosed reindeer had an eppy The Dutch translation has changed to...
Rudolph de rode, geruite, reindier had an eppy... Putting the Dutch translation back into google... The English Translation from Dutch it now gives me ....
Rudolph the red checkered reindeer had an eppyProving conclusively that it is all in
The Translation and if the translation cannot accuratley describe what someone has searched for ... how can those searches then be proof of 'Intent" ???? And used as Evidence against The Placid Dutchman... (IMO)????
Edit.... It was never determined whether or not some searches could have been Tanja Morsons... If searches are in English.. would you class them as Tanja Morsons??? If searches are in Dutch would you say that they are Dr Vincent Tabak's?? And what about a combination of the two???
Well Dutch you would say Dr Vincent Tabak... But english could have been anyone ...(IMO)
If Lyndsey Farmery is admitting to the fact that the searches are done in two different languages as the word "Doodslag" suggests how did she prove who did what searches without a 'Timeline" of Tanja Morsons activities... yes I know the 1300 page Document says it has a Timeline for all 4 people... But that will only be up and tol a point ..(IMO)... I bet the timeline doesn't say that Tanja Morson was doing her washing.. for instance ... Or loads of CCTV following Tanja Morson around to check where she was 24/7 ...So how can they prove who used the computer, even if one person signed /logged into said computer?
Just like today when my daughter wanted to check something out... She just popped onto my computer which is logged in.. in my name... Well I didn't search for cycling tickets ....!!!
http://www.cps.gov.uk/legal/a_to_c/computer_records_evidence/