Found Deceased UK - Sarah Everard, 33, London - Clapham Common area, 3 March 2021 *Arrests* #13

Discussion in 'Located Persons Discussion' started by tesni, Mar 5, 2021.

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  1. Meabh

    Meabh Active Member

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    Can someone explain the ongoing debate re: solicitors in England? This info is available on the web and I don't see how it is pertinent to this case?
     
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  2. Vera_dci

    Vera_dci Well-Known Member

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    I wonder I they are looking for his phone. I was watching a csi documentary on bbciplayer last night and they were saying what a vital piece of evidence it is. Not only would it show his location but also his search history and interests jmo.
     
  3. kittythehare

    kittythehare Well-Known Member

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    It was not a debate.
    Somebody asked a question and our legal experts kindly responded.
     
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  4. Meabh

    Meabh Active Member

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  5. Blanche

    Blanche Well-Known Member

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    Mental Health Conditions and Disorders: Draft Prosecution Guidance | The Crown Prosecution Service

    Partial defences to murder: diminished responsibility

    Section 2 of the Homicide Act 1967, as amended, provides that a person is liable for conviction for manslaughter and not murder if they kill another person but prove, on the balance of probabilities, that:

    • They were suffering from such abnormality of mind as substantially impaired their mental responsibility for the acts and omissions involved in the killing; or,
    • They were suffering from an abnormality of mental functioning (for guidance, see Byrne [1960] 2 Q.B. 396) which provides that this must (i) arise from a recognised medical condition; (ii) substantially impair the suspect’s ability to understand the nature of their conduct, form a rational judgment and/or exercise self-control; and (iii) provides an explanation for their acts or omissions in killing. As to voluntary intoxication, diminished responsibility is made out if notwithstanding the fact that voluntary intoxication played a role in the suspect’s actions, the mental abnormality substantially impaired mental responsibility for the fatal acts. Diminished responsibility however is not available where an abnormality of mental function is triggered by voluntary intoxication: Joyce, Kay [2017] EWCA Crim 647.
     
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  6. Sandyuk

    Sandyuk Active Member

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    Seems like they know its causing confusion for us here :rolleyes: JMO
     
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  7. Vera_dci

    Vera_dci Well-Known Member

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  8. kittythehare

    kittythehare Well-Known Member

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    Well see Cressida Dick's statement on Sky, linked last thread.
    That post about her friend was posted 2 threads ago,
    Somebody brought it up again today.
    The vigil and the protest are two separate events.
    MSM has explainers, some of which have already been posted here. I'm not getting into it because mods specifically requested we do not.
     
  9. Blanche

    Blanche Well-Known Member

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    I wonder how he knew it was "relevant" to this investigation?
     
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  10. coffeeandacig

    coffeeandacig ...

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    Why would they look specifically for SE's phone? What information can be gathered from it's retrieval? The tower pings, the times of use of the phone, messages, et al have already been confiscated.
     
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  11. Kalli

    Kalli Active Member

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    Is the pre-trial hearing likely to include more details/evidence/argument from the pros/defence, or does it have another function?

    Edit: Is there a better thread to ask these questions about the process? i'm worried about diverting from the issue more than has happened already, lol
     
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  12. smucklecrumble

    smucklecrumble Well-Known Member

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    I believe it comes from an interview with their former landlady:

    “In 2008, Wayne became a traffic officer with Kent Police in Folkestone, Kent, England. They lived in top floor flat of a converted period property in Folkestone. Their then landlady Shannette Roy described Wayne as “a nice fellow” and said, “The only thing I found strange was when he said he was going over to Ukraine to get his wife and he brought her back. She didn’t speak very good English.”

    source: Sarah Everard: Serving Met Police officer, 48, arrested over disappearance | Daily Mail Online
     
  13. Urbanfox1

    Urbanfox1 Verified Solicitor (UK)

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    There are circumstances in which solicitors can represent in court in England. They don't apply for this forthcoming trial, but if anyone's interested for sake of completeness, here's a link:

    The Difference Between Solicitor and Barrister - The Lawyer Portal[/QUOTE]

    sols who have gained higher rights of audience can appear in all superior courts, so it would apply in this case. It’s highly unlikely a solicitor with higher rights would have the correct experience to take a heavy weight Old Bailey murder trial as leader but that’s a different point. They would have a right to appear.
     
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  14. Stella123

    Stella123 Well-Known Member

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    Can I ask a question of one of the legal people on here please. If the accused was assisting the Police with information at this stage - would this be reported?

    Edited: In case "peeps" was misinterpreted! So changed it to people.
     
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  15. Parmalade

    Parmalade Well-Known Member

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    It’s another piece of evidence to place SE or her property in an area she or it had no known reason to be in. And if they have footage, data trail or something else (witness?) to place the defendant in the area that SE’s property is then found, it may then become strong evidence to suggest they’ve indeed come into contact and/or some cover-up was attempted by the defendant. JMO, not based on expertise.
     
    Last edited: Mar 16, 2021
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  16. laurenat

    laurenat Member

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    Yeah - I agree. Even though most convicted of or engaging in IE will not 'progress' to murder, most murderers have a history of experimenting with different ways of controlling/dominating people, be it violence, sexual offences etc. For instance the Macdonald triad is a famous pattern of history and behaviour that is really common amongst murderers.
     
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  17. Alyce

    Alyce Well-Known Member

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    It is firstly, to allow the defendant to make his plea
    If his plea is not guilty then the PTP will check to ensure both Prosecution and Defence are ready to go to trial..or to at least confirm that they will be ready by the allotted date in October.
    We will not hear anymore details re the case until the trial.
     
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  18. Meabh

    Meabh Active Member

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    Normal family life until WC screams 'for **** sake' in the background really angrily and the reaction suggests this is totally normal. (I read above we can talk YT but not mention children or link them, so I hope this post is okay)

     
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  19. ares21

    ares21 Member

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    how will they unlock SE's phone when they find it?
     
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  20. Meabh

    Meabh Active Member

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    Someone may know her pin...
     
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  21. Parmalade

    Parmalade Well-Known Member

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    I’m sure there are technical ways around it but maybe even the serial no. on the phone or battery, etc. will be enough to prove it’s SE’s property (but I get that unlocking it may yield even further information).

    This is assuming that the MSM have been tipped off that this is what is being searched for, and isn’t an assumption of their own. I guess it’s all we have to go on at this stage though anyway.
     
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