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Friday, 3rd September 2010

No protection for innocent accused in sex offence cases

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Published Date: 03 December 2009
I WRITE following last week's headline article regarding the acquittal of the local bandsman of all charges against him of a sexual nature.
I do not have any personal knowledge of this unfortunate man, nor his accusers but find myself again aghast at the impact that the legal waiving of anonymity must have upon untried persons accused of sexual offences.

It is a fundamental principle
of justice that a person remains innocent until proven guilty and yet for the past couple of weeks, this poor man has had his photograph prominently displayed on the front page of regional and local newspapers along with sensational headlines alleging wholly inappropriate behaviour.

Now cleared of all charges, the fact is that his face and name will undoubtedly stay in the memory of many people and the association with this recent court case will remain.

As the old adages suggest, ‘mud sticks’, and human nature will ensure that many people will not be completely convinced of his innocence despite the verdict of the court, believing that there is ‘rarely ever smoke without fire’.

I feel very strongly that the fairly recent passing of this Act to waive the anonymity of accused sexual offenders should be repealed immediately and that all identifying details should remain anonymous unless and until such time as their guilt is proven [see editor’s note below].

I sincerely hope that the gentleman in question is able to gain comfort and strength from the very obvious belief in him of his friends and family and the letters and character witnesses sent in his support, and that he will be able to put this horrible episode behind him and resume his life untainted.

M P Gerard,

Victoria Avenue,

Harborough.

[Editor’s note: no such Act exists. The identification of people accused of offences has long been enshrined as part of the legal principle that the judicial process should be seen to be done.

The correspondent may be confusing the matter with an Act which came into force in July 2008 which sets out the framework for waiving the anonymity of witnesses, not the accused, in certain circumstances.]



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  • Last Updated: 01 December 2009 10:37 AM
  • Source: Harborough Mail
  • Location: Market Harborough
 
 
 


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