Taxi Driver Online
http://www.taxi-driver.co.uk/phpBB2/

Le Vell / Nolan
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=23019		 Page 1 of 1
Author:  Jasbar [ Wed Sep 11, 2013 3:02 am ]
Post subject:  Le Vell / Nolan
It has to be said, and I make no apology for raising the matter again.

I always believed in Michael le Vell's innocence. From the outset of the charges brought against him.

I had no doubt the allegations were fabricated. I believe the CPS should have done so also.

But Le vell's saving grace is that he did the one thing Steve Nolan didn't do.

He went before a jury and proclaimed his innocence.

In any criminal charge there are two key elements the prosecution must prove.

Actus reus.

This is the act itself. In Le Vell's case there was clear dispute from the outset whether this could be proved. The complainer wasn't convincing. Le Vell went into the witness box and told his side of the story. The jury believed him.

In Nolan's case, what happened was argued in court. The alleged "victim" was cleared left seriously injured to the point of death. No dispute there. But, if I were on the jury, I would have wanted Nolan to sit before me and tell me why he was not responsible. He failed to do this.

Which brings us to the necessary second element.

Mens Rea.

This is intent. In order to be found guilty of a criminal offence you must commit the act and intent to do so proved also.

Le Vell didn't commit the act, he was proved innocent, so any intent on his part is irrelevant.

But, not so in Nolan's case. The jury were left hanging because they could not judge for themselves what his intent may have been. Question by the prosecution, and cross examination by his defence counsel would have heklped them form their opinion as to any intent he may have had.

But Nolan didn't take the stand. To a jury they had to form thier own opinion. And anyone not prepared to tell their side of a story has to be suspect.

I suspect the jury thought there was a hint of suspicion and, because Nolan didn't face them directly, felt they could not let him go scot free, so therefore convicted him.

This is not "justice" but understandable.

Nolan's legal team may well have thought that because manslaughter was not on the table, a jury would not convict of murder, so he didn't need to take the stand. They were wrong.

Nolan did NOT go out that night to murder anyone. No cabby does.

But circumstances happened, something truly horrible happened, and a man was left dead.

It takes two to tango. But only one man is rotting in jail for a crime he never intended to commit. When he went to work that night, there was no Mens Rea, no intent, to commit murder.

Stephen Nolan is a miscarriage of justice. His incarceration is an affront to jurisprudence.

And Edinburgh's taxi trade has already cast Nolan's injustice aside in its puerile adherence to its standard premise that all taxi drivers are just infinite exploitable resources.

FREE NOLAN ... NOW!!!!
Author:  hssc [ Wed Sep 11, 2013 1:49 pm ]
Post subject:  Re: Le Vell / Nolan
jasbar why dont you give up.
Nobody cares what you think.
You are an slightly annoying irrelevance :D
Silly man..............................
Author:  captain cab [ Wed Sep 11, 2013 9:22 pm ]
Post subject:  Re: Le Vell / Nolan
apart from Nolan actually murdering someone - cant see where we disagree :sad:
Author:  Jasbar [ Sun Oct 20, 2013 11:42 pm ]
Post subject:  Re: Le Vell / Nolan
captain cab wrote:
apart from Nolan actually murdering someone - cant see where we disagree :sad:


Murder requires intent. Do you honestly think Nolan went to work intending to kill a guy determined to noise him up? I have no respect for the alleged victim. Be assured, he knew what he was doing when he went to the park. He got the worst of it. I'm not losing any sleep about it.

I don't think Nolan intended this guy guy die. who would.

noaln is in jail because he didn't go into the witness box and tell his side of the story.

I would have convicted him because he failed to explain. It's not rocket science.

The friction between cabbies and PH has Ben going on for years. Nolan is just another victim.

And I have no doubt that if the ethnic minority had killed the white man ... The outcome would have been different.

We truly are a sick society. And our legal system is the sickest of all.
Author:  Jasbar [ Sun Oct 20, 2013 11:44 pm ]
Post subject:  Re: Le Vell / Nolan
captain cab wrote:
apart from Nolan actually murdering someone - cant see where we disagree :sad:


Murder requires intent. Do you honestly think Nolan went to work intending to kill a guy determined to noise him up? I have no respect for the alleged victim. Be assured, he knew what he was doing when he went to the park. He got the worst of it. I'm not losing any sleep about it.

I don't think Nolan intended this guy guy die. who would.

noaln is in jail because he didn't go into the witness box and tell his side of the story.

I would have convicted him because he failed to explain. It's not rocket science.

The friction between cabbies and PH has Ben going on for years. Nolan is just another victim.

And I have no doubt that if the ethnic minority had killed the white man ... The outcome would have been different.

We truly are a sick society. And our legal system is the sickest of all.

For Nolan, a murder rap is the gravest miscarriage of justice.
Author:  hssc [ Mon Oct 21, 2013 12:05 pm ]
Post subject:  Re: Le Vell / Nolan
posting your irrelevant drivel once is bad enough. Do you really have to post it twice??

Silly man.....
Author:  captain cab [ Mon Oct 21, 2013 11:21 pm ]
Post subject:  Re: Le Vell / Nolan
Jasbar wrote:

Murder requires intent. Do you honestly think Nolan went to work intending to kill a guy determined to noise him up? I have no respect for the alleged victim. Be assured, he knew what he was doing when he went to the park. He got the worst of it. I'm not losing any sleep about it.



Murder requires someone killing someone - that was proven - there is no alleged victim, there is a victim - a victim who had a wife and children, if the jury were wrong the murderer has the right of appeal - unlike the poor bloke who is dead, or his widow, or the orphans left.
Page 1 of 1 All times are UTC [ DST ]
Powered by phpBB® Forum Software © phpBB Group
http://www.phpbb.com/