Gurgen wrote:
Why can’t we decide that for ourselves? We make judgments all the time. It’s not like we’re sentencing him to jail by doing that. I read this evidence and I simply find it credible. Apart from the fact that I do this for a living, I think I have a right to form an opinion just as you have a right to form yours. Quite frankly I don’t understand how anyone can read this evidence and have a different opinion though. What has been produced are texts with the perpetrator, emails with lawyers, FA, Arsenal, NDAs, doctor’s reports and much more and this evidence is consistent with the story she tells. It’s not just one screenshot and her story. If I was a prosecutor presented with this I’d do a backflip of happiness. In theory it’s possible that all of this is doctored in some big conspiracy to bring him down, but I find that unlikely, especially in light of the fact that there are other allegations against him and that this behaviour does not really seem out of character based on what I’ve read on him.
What I do wonder is why, if it is indeed true that he got off because the UK authorities at the time did not have the competence to pursue crimes committed outside the UK, the case was not transferred to Spain? I understand why she reported it in the UK but you would think there is a way to get him in front of a court for this somewhere. Perhaps extradition would also have been an issue, who knows.
You cannot/should not decide for yourself as you are not reading evidence of anything, you are reading a one sided account of an allegation that may or may not lead to criminal charges.
The alleged offender cannot challenge any of this until such time as it is presented in Court as evidence, at which point any of this could be thrown out for any number of reasons regarding lack of corroboration and/or that it was/is prejudicial to the case as it was presented on social media.
If I was a prosecutor I'd make damn sure to keep any of this out of the public eye, and I'd work damn hard to establish the chain of evidence was iron clad, as any weakness or break in that chain will likely see the 'evidence' disqualified from being presented and accepted in Court. Often what looks to be a compelling arguement is actually very flimsy and generally hearsay when it commes to criminal matters.
It's not about competence as it is about jurisdiction. If an offence takes place in a foreign country then the matter needs to be reported to that country's law enforcement for them to be able to investigate and lay charges etc, and any subsequent criminal court hearing would also need to take place in that same country.
And yes, for the matter to proceed it would be likely that an extradition process would need to be made. It should also be noted that any extradition is not an automatic action and there is no guarantee it will succeed as there are a number of factors involved.
EDIT - Is this talk of something happening in another Country the 'technicality' that has been referred to in a number of posts in this thread? If so then it's not technicality at all. A technicality would be when critical evidence would be unable to be accepted in Court as the chain of evidence is broken in regard to it's security and validity. You cannot be freed on a technicality if no charges have been laid and the matter has not gone to Court.