Run with Eric:
Law

  • A predictable apology and some other words

    A predictable apology and some other words

    *tumbleweed*

    Look, I'm sorry. I am. I really am. But what with jobbing, blogging once or twice a week over here and moving house and indeed city, I'm struggling to find the time to visit this dusty corner of the web.

    It's a shitter, really. There's so much I want to comment about in all areas of the news, but it inevitably ends up instead on my Twitter account, sandwiched between football ramblings and rants at Neighbours.

    Today: the Budget. I'd love to talk about it in more detail, but I've become so innured to 140 characters that -

    Sorry. Old joke. The Budget was fascinating, but more for students of politics than of economics. The main talking point, really, is Alistair Darling's decision to axe Stamp Duty on first-time home buyers spending less than £250,000 on their property. Seeing as it's currently 1% of the property value, it'll probably save them around £2,000. Good stuff. Not quite as good, obviously, for the owners of million-pound homes, who are seeing their Stamp Duty rise 5%.

    That'll be 5%, please
    It's a move that sees Labour move to their traditionalist roots... oh, come on, we know that's bollocks. It's an appeal to their core voters, that's all, but what did you expect in a pre-election Budget? It's interesting, though, that penalising well-off southerners in the commuter belt whose homes have ballooned in value through no fault of their own may cost Labour as many votes as they win through helping first-time homeowners - who, by the way, won't be as poor as all that, since the move affects properties worth between £125,000 and £250,000. Basically, mummy and daddy's mansion tax pays for their first step towards their own mansion. What's that song? We are all bourgeois now?

    Still, this Stamp Duty move will probably end up a votewinner rather than a voteloser, which is more than you can say for David Cameron's efforts with Gay Times. If you wanted proof the only principle this man has is that he should win the election, there you go. "What's my stance on gay people again? Wait, I know this one. Turn the camera off, let me get my crib sheet... "

    Cameron: direct (well, not really)
    So in conclusion, I'm rubbish, Cameron's rubbish, the Budget happened and if you are reading this, thanks for sticking with me. Now I'm settled, almost unpacked and actually have the internet at home, I can start blogging on here a bit more often than once every Twilight film.

    I'm back, I promise, and I'll start... oh, next week sometime.

  • ... but was she raped?

    Five men have been cleared of raping a woman after it emerged she had spoken online about group sex fantasies.

    But was she raped?

    The 24-year-old from Liverpool claimed she was raped after visiting one of the men at his home in Bolton, after making contact on the internet.

    But the trial at Preston Crown Court collapsed when computer evidence was produced showing her entertaining the prospect of group sex.


    But was she raped?

    Judge Robert Brown ordered the jury to return not guilty verdicts.

    Why? Because she had group sex fantasies? I don't know the ins and outs of the case (sorry) but I know group sex fantasies aren't rape fantasies. Was she raped?

    [Prosecutor Michael Leeming] formally offered no evidence after reading excerpts of MSN chatlogs of her conversations before the alleged offence.

    He said: "It is right to say that there is material in the chatlogs from the complainant, who is prepared to entertain ideas of group sex with strangers, where to use her words 'her morals go out of the window'."


    Right, OK. Although that's not to say what other people's morals might be, out of the window or otherwise. It's not a case of matching morals here - rape is still immoral, even if the victim is too. So it still matters: was she raped?

    The woman said she had agreed to visit Mr Owolabi after meeting him on MSN.

    She alleged she wanted to just have sex with him, but was then raped by the others.

    Judge Brown told the jury: "This case depended on the complainant's credibility.

    "Not to put too fine a point on it, her credibility was shot to pieces."


    Fine. Credibility is important in an accusation. But what about evidence? The prosecutor decided "it would not be appropriate to offer any evidence" after the revelation of his client's desire for group sex.

    The law of innocent until proven guilty means the right decision has been made in light of evidence not being presented. But if the only reason it was not presented was because the prosecutor knew his client had slim chance of winning the case due to her reputation being in doubt, this is deeply worrying. I just hope he knows something we don't (i.e. that the alleged victim is lying); otherwise, a victim's quest for justice has failed purely because of incredibly flimsy non-evidence.

    Because it doesn't matter if she'd entertained group sex fantasies or even rape fantasies before the alleged incident. All that matters is -

    Was she raped?

  • Ch-ch-changes

    Ch-ch-changes

    So then, this is the 25th (kinda) and last Week Spot blog post as you know it. From next week, it will be updated as and when something in the news catches my eye - as, indeed, a blog should be.

    Maybe I'll do a weekly round-up again, but I doubt it. So until that day does or doesn't come, here's a bumper final edition of strange stories for you.

    And everything's changing, mainly to do with people being removed from the public eye. OJ Simpson's been locked up, Diana Vickers has been voted off X-Factor and Darren Anderton's retired from professional football.

    I think that's good, good or bad and bad news respectively, but I'd appreciate your input on that. What do you think?

    OJ loses common sense, freedom
    The British public loses another Diana
    Official: left-handers plagued by statistics
    Andy Fordham hits the maximum in weightloss
    The Discman makes a comeback
    Sicknote Anderton hangs up his boots



    OJ loses common sense, freedom

    Dear oh dear. Opinion still seems to be divided over whether OJ Simpson murdered Nicole Brown and Ronald Goldman, of whose deaths he was found innocent in 'the trial of the century' in 1995, but we can all agree on something – he's stupid.

    Surely OJ should have known for more than a decade now that every move he makes would be watched like a hawk by people aggrieved with the 'not guilty' murder verdict, the authorities and conspiracy theorists. He should have been wary of picking his nose in case it turned out to be holding evidence against him.

    So with this in mind, his reaction to the supposed theft of some memorabilia was, well, a bit special. For a start, it's not like he was actually robbed. Two people were trying to sell memorabilia from OJ's footballing days and he claimed it still

    belonged to him. Now, what do you do in that situation? Get legal on their arses? Let them peddle the useless wares? Or kidnap them at gunpoint and force them to give the stuff back? The latter, apparently. I think he's started to confuse his life with the movies he's been in.

    Yet OJ claims, "I did not know that I was doing anything illegal." Uh... really? What part of it did you think was nice and legal, OJ? Was it the kidnapping or the armed robbery? Honestly, it's like he thinks he can get away with murder or something.

    And so this time he's been sent down – down for 33 years (though it'll more likely be nine, when his parole is heard). Interesting. What's yet more interesting is that he was found guilty of this charge 13 years to the day after being acquitted in the murder trial. Some will call this justice; I just think it's the most beautiful irony.

    Still, he's got only himself to blame. Silly boy.



    The British public loses another Diana

    So, Diana has been voted off X-Factor just one round before the grand final. I hear Mattel are desperate to get her voice into a range of Barbie dolls (complete with claw-like hands) to capitalise on the publicity. And the reaction of the rest of us is... conflicting, to say the least.

    I haven't been watching X-Factor at all – I've drying paint that needs monitoring – but like many sceptics, I've been dragged in a bit by the drama. From the couple of performances I've seen, I know that some of them can sing, some of them can't, and Diana Vickers is definitely memorable.

    That is to say, I don't know if I like her or hate her. She somehow manages to sound bloody awful and absolutely amazing at the same time – something not done since Bob Dylan, albeit in a very different way. I think yesterday's show proved that faster, louder songs don't suit her, which may well be why she was voted out (well, that and she annoys people), but she can belt out a ballad in at least a distinctive way. Put it this way: I don't know if I like it or not, but I still have her version of Coldplay's Yellow in my head. And since the winner is going to sing Leonard Cohen's Hallelujah and you know no one's going to do it better than Jeff Buckley, at least hers would be different from the norm.

    The winners are generally dull. Leon? What's happened to him? At least he could sing, I think, which sets him apart from Ray Quinn, who is without a doubt one of the worst singers I have ever heard, and yet he came second a couple of years ago. Listen to him sometime. He doesn't sing any consonants.

    Anyway, like her princess namesake, Diana's gone now – cast aside like the proverbial rag doll she physically resembles. As if it matters – she'll get a record contract and, like her 16-year-old rival and potential squeeze Eoghan, will add to the list of people more than 5 years younger than me (she's 17) and phenomenally more successful than I am.

    Bastards.



    Official: left-handers plagued by statistics

    More useless education statistics emerged recently. After the classic that was 'pupils born later in the year do worse in exams' (I've already written an article on that one), we're now told left-handed students don't test as well as their right-handed counterparts. Oh good, so we'll just make sure our children are right-handed, shall we? I'm sure a return to the 19th century will do us good, and make sure we all grow up in a right-handed utopia. But just to make sure, let's move back in time and culture completely and burn lefties at the stake for being witches.

    This goes out to the BBC and educational researchers: STOP SPREADING ALARMISM. Non-stories of non-studies like this just lead idiots to worry, and they don't need the persuasion.

    I'm not left-handed. But 7-10% of the population are, and please, just leave them alone. Five of the last seven Presidents of the USA – Ford, Reagen, Bush Snr., Clinton and Obama (and McCain as well) – have been left-handed. No one talks about that. Actually, that's probably for the best: the rednecks have enough to go on without our telling them the world is not only in the hands of a black guy, but a left-handed black guy.

    I wonder if they've had to move the red button on his desk.



    Andy Fordham hits the maximum in weightloss

    What the hell has happened to Andy Fordham? I am really, really glad he has decided to kick the drink (seriously, 23 bottles of lager a day?) and lose some weight but he looks emaciated. I mean, I suppose that's what losing 17 stone does to you, but I genuinely don't recognise him. I think it's an actor.

    Oh well, good for him, I suppose. But he does look terrifying.

    So the lesson here, kids, is if you want to avoid inevitable surgery, don't play darts.



    The Discman makes a comeback

    And yet I can't find N64 controllers anywhere.



    Sicknote Anderton hangs up his boots

    So. Farewell
    Then
    Darren Anderton.

    You have played
    Your last game. 599. You
    Scored a volley in the dying minutes to grab a dramatic win for Bournemouth.

    Well done.

    Sicknote. That
    Was your name.
    People called you that
    Because you were always
    Injured.

    Now you're
    Retired.
    But you're not dead.
    Yet.

    (With apologies to E. J. Thribb, 17½)

  • Electioneering

    Politics both sides of the Atlantic remains as hostile as ever as politicians bite, punch and scratch each other, grappling and grasping on the greasy pole of power for a slightly better purchase and a slightly better view before inevitably slipping, sliding and falling, falling, falling into public shame and ignominy, a seat on the back benches and an autobiography explaining how none of it was their fault and they're the nice guys really – it's the other ones you want to watch out for.

    Elections mean one thing, and that's politicians electing to destroy one another. Or at least to kill their rivals' careers. This week, David Miliband elects to kill off Gordon Brown, John McCain elects to kill off Barack Obama and wives electing to kill off their abusive husbands get some good news from the Government.

    All in all, it's enough to make you think that Britain's much-publicised problem with knife crime could be helped if Cabinet ministers stopped plunging them into each other's backs.

    Miliband begins to play
    On the negative campaign trail
    Getting away with manslaughter



    Miliband begins to play

    "It came to me in a dream," Foreign Secretary David Miliband told me over tea at high noon the other day. "I was contemplating the Lisbon Treaty when Tony Blair appeared in front of me, arms outstretched, clutching a sharp instrument. 'Is this a dagger which I see before me,' I asked, 'the handle toward my hand?' 'Yes,' said Tony. 'Now use it. Use it, David, and never look back.' And he disappeared to the Middle East, leaving only his smile.

    "I crept by night into Southwold, thinking of nothing but power and glory – and on occasion the future of the Labour Party – as I drew closer to my goal. There lay Gordon, asleep, wearing a jacket and open collar shirt. I knew what I had to do. I thrust my dagger into his cold, Scottish heart. Then I turned to the crowd behind me and proclaimed myself King – of Labour, of the Government, and of Great Britain and Northern Ireland. 'Brown is dead,' I cried. 'Long live David Miliband, Prime Minister.' And the crowd went wild."

    But it didn't quite work out like that, did it, David? No – instead your article in The Guardian was seen for the weak challenge to the premiership it was, nobody got behind your cause and rather than hoist you on their shoulders, your colleagues threw you out on your arse. And then a poll showed that your adoring public have even less faith in you than they do in Gordon Brown.

    (This poll also indicated that the most popular Labour leader at the moment would be Blair ("Come back, Tony, all is forgiven"). Strange, since twelve months ago everybody hated him and couldn’t wait for him to resign. It just goes to show that hindsight is a wonderful thing.)

    I would call it unfortunate that Miliband gauged the opinions of party and public alike so spectacularly badly, but it's just too funny. It must have seemed like such a good idea. But the fact is, despite voters coming to terms with politicians being on the whole sly, devious and ready to do anything for a vote, still no one likes a backstabber.

    Miliband's reputation with the public at this stage in his career is as something of a nonentity. Foreign Secretary he may be, but he has not captured the public's attention. That's why he should have waited until he had more of a following, or learnt from the Yes Minister Christmas Special and organised a (better) publicity stunt and then waited for the press to tout him as a potential leader before presenting himself as one to an uninterested public.

    However, while British voters can shrug their collective shoulders at his machinations, they can't actually punish his vaulting ambition. His party can. And that’s where the folly in his plan lay. With Miliband revolting and Harriet 'This is my moment' Harman changing the locks at No.10, Gordon Brown probably can't wait to get back from what is essentially a forced holiday (does he look like the kind of person who enjoys going on holiday?), and since he urgently needs to reinforce his authority and wouldn't be likely to suffer much of a backlash, his first act upon returning – apart from informing the milkman – might be to sack David Miliband as Foreign Secretary.

    That would certainly be the sensible thing to do. But rumours abound that the PM might just give his errant Foreign Secretary a slap on the wrists and forget – publicly at least – the whole affair. This would be a sign of weakness, not strength. It's time for the chop.



    On the negative campaign trail

    Special offer this week: John McCain's oven chips, best served on his shoulder with a side salad of negative campaigning (and a dressing of poor metaphors).

    McCain has hit out again at Barack Obama’s celebrity status. His new TV ad, 'Celeb', uses pictures of Britney Spears and Paris Hilton to accuse Obama of being all mouth and no trousers (though admittedly that worked for Bill Clinton until Hillary found out).

    Obama has shrugged this off, but has unfortunately been drawn into a bit of negative campaigning himself, accusing the McCain camp of making his race an issue. While this is quite possibly true, it's not been obviously clear in McCain's campaign, so in pointing it out Obama runs the risk of doing his job for him, appearing to have a chip on his shoulder about perceptions of his colour, and playing The Black Candidate.

    Negative campaigning is the way in American presidential elections, of course: it always has been and it always will be. Jeremy Clarkson argued in The Sun – sorry, it was in my Chinese while I was waiting for a takeaway and I've got into the habit of reading whatever paper is put in front of me for the news if not its opinions – that Obama’s pledges are "rabble-rousing gobbledegook" and bet that "no one can name a single one of his policies." He then says McCain is no better. But that’s American elections for you – all character and no politics.

    Still, even by normal standards, McCain's campaign is a full-blown attack. He has stayed very quiet about his own qualities, for obvious reasons, perhaps. He is not saying "I can lead", but "Obama can't". He is essentially turning the election into a referendum on whether or not the American public want Obama to president.

    Which, sadly, could prove very effective. It's easier to vote against someone than for them, and with McCain still playing the experience card, as Hillary Clinton did with the 3am ad (not that I can find it anywhere on YouTube amidst all the spoofs), there is doubt amongst American voters over Obama's aptitude for the job. As ugly as they are, McCain’s tactics could just win him the election.

    Not if Ludacris has anything to do with it, though. It's a shame that Obama has had to distance himself from Ludacris' song Politics As Usual (though he did have to) because it has some absolutely inspired lyrics that confirm Ludacris' place, for me at least, at the top of the American rap pile. "Paint the White House black – I'm sure that's got `em terrified / McCain don't belong in any chair unless he's paralysed."

    Brilliant.



    Getting away with manslaughter

    Something that concerned me this week were strange changes in homicide laws. The old 'jealous rage' defence is no longer viable for men who murder their partner after finding her in flagrante, reasonably enough, but women living in fear of future violence from their partner could be charged with manslaughter rather than murder if they kill him first. Also charged with manslaughter instead of murder will be parents who kill a paedophile molesting their child and rape victims who kill an attacker taunting them for their misfortune.

    First up, that's still murder. Even if you disagree with everything else I say – quite possible – we must agree on the semantics. Deliberately killing someone is murder. Self-defence can bring a charge down to manslaughter. But these cases are not self-defence; they are murders, planned and executed.

    Secondly, I apologise for the gender stereotype that men kill their partners in a rage while women wait until the time is ripe, but that's how the law has been made. Melanie McDonagh writes a good piece on the gender generalisation of it all. I’d like to have seen fewer gender-specific words in the plans.

    "It will end the injustice of the perpetrators making excuses saying it's not their fault," said Harriet Harman, Deputy Labour Leader, Women’s Secretary and Acting PM. Uh... will it? It will end the injustice of male perpetrators making excuses saying it's not their fault. But it positively encourages women to do it.

    Battered wives who kill their husband after years of abuse can now use the defence that they acted in response to "extreme words and conduct" (for some reason, the word "extreme" is in Tuesday’s Telegraph but dropped from the online version of the report). This all sounds a little "He started it" in my eyes. Verbal provocation is not the same as physical abuse in the self-defence stakes.

    Besides, what are "extreme words"? "You fucking syphilitic whore"? "I hope you die"? Or does it have to be more personal? "I'm glad you have cancer", for example? How extreme do the words have to be to justify killing the person who says them? The above examples are sickening, but they are still just words, and words are not incitement to murder (or, at least, shouldn't be). It seems that for abusive husbands now, sticks and stones may break your bones, but names can leave you dead.

    I don't want to trivialise the issue. But I feel that's what the new proposals are doing. Obviously you will still be punished for killing your spouse, and '’m not saying there will now be a spate of 'justice killings' from raped or beaten women, but the new laws almost encourage people to take the law into their own hands. Allowing the deliberate killing of a rapist to be manslaughter because of his "later taunting" is worrying. It opens the door for people to 'right past wrongs' knowing they won't be charged with murder.

    The most serious of crimes has been massively downgraded. Even neighbours' disputes that end in a deliberate killing may now be wiped clean of murder. That is downright scary.

    You simply can't legislate for instances that are this specific. What constitutes self-defence? What constitutes provocation? What constitutes incitement to murder? Those are questions for the courts to decide.

    This dangerous law needs to be stopped, by any means necessary. Kill it dead. It'll only be manslaughter anyway.