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Two years later Justice Refshauge says not guilty to sex offences

By johnboy - 29 April 2011 24

Spare a thought for Shawn Elrick. The Canberra Times reports that even though his trial over grubby teen sex charges (all involved were teenagers) ended in September 2009 Justice Refshauge has waited until yesterday to find him not guilty.

Justice Refshauge said while Mr Elrick appeared to have lied to police after his arrest, the version of events he gave at the trial was corroborated by other witnesses.

But while the judge did not believe the two girls deliberately lied under oath he was concerned with inconsistencies between their accounts and those of other witnesses.

”The inconsistencies in the evidence of the complainants leave me with a reasonable doubt as to whether the allegations have been made out and I must therefore acquit MrElrick,” he wrote in his judgment.

What’s Your opinion?


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24 Responses to
Two years later Justice Refshauge says not guilty to sex offences
Lookout Smithers 12:33 pm 01 May 11

MrGordon said :

dvaey –

Why don”t you read more than one page before enlightenning us with your expert opinion
.
It’s very simple – a 12 year old and a 14 year old will no doubt have inconsistancies in their statements and view of events . However the loop hole in the ACT is not what the evidence is, but can you bring in ANY doubt – if so, then it has be NOT GUILTY.

Lookout Smithers –

Your correct, the majority of incidents never get to court, and why – well there is next to no chance of getting a conviction (dvaey – why don”t you read more than a page to find out if that is the case… and maybe get back to us with the findings of your in depth research)

The other issue with this case (and many others) has been the time taken for the Judge to rule on his findings (just in case it wasn”t on the page dvaey read – this trial was conducted on the 23/24 September 2009).

So, could inconsistancies in the versions of events from both girls occur when the charges are laid in January 2008 and the trial is in September 2009? (Maybe we should ask dvaey for the expert opinion that we have come to expect from dvaey……..LETS NOT)

Yeah that judgement is about 30 pages. I read it to get informed about the case. I am just going by what is in evidence on record? You know something the courts have not been made aware of?

MrGordon 12:32 pm 01 May 11

Tooks –
You’re correct – he didn”t have to prove the was innocent, and in the ACT it doesn’t even matter if the DPP prove he was guilty – if there is ANY doubt ( and not beyond reasonable doubt) but any doubt then it’s NOT GUILTY

Tooks 11:29 am 01 May 11

MrGordon said :

Another case of where ACT Law has failed. He didn’t prove his innocnence, his legal team proved some minor inconsistancies which by law meant he had to me found not guilty.

He doesn’t have to prove his innocence.

MrGordon 11:15 am 01 May 11

dvaey –

Why don”t you read more than one page before enlightenning us with your expert opinion
.
It’s very simple – a 12 year old and a 14 year old will no doubt have inconsistancies in their statements and view of events . However the loop hole in the ACT is not what the evidence is, but can you bring in ANY doubt – if so, then it has be NOT GUILTY.

Lookout Smithers –

Your correct, the majority of incidents never get to court, and why – well there is next to no chance of getting a conviction (dvaey – why don”t you read more than a page to find out if that is the case… and maybe get back to us with the findings of your in depth research)

The other issue with this case (and many others) has been the time taken for the Judge to rule on his findings (just in case it wasn”t on the page dvaey read – this trial was conducted on the 23/24 September 2009).

So, could inconsistancies in the versions of events from both girls occur when the charges are laid in January 2008 and the trial is in September 2009? (Maybe we should ask dvaey for the expert opinion that we have come to expect from dvaey……..LETS NOT)

Lookout Smithers 10:49 am 01 May 11

Having read the judgment, it is stated that all but the complainants were reliable and credible.

Lookout Smithers 10:32 am 01 May 11

dvaey said :

MrGordon said :

Another case of where ACT Law has failed. He didn’t prove his innocnence, his legal team proved some minor inconsistancies which by law meant he had to me found not guilty.

Maybe I read a different page to you but I read “the judge did not believe the two girls delibrately lied under oath he was concerned with inconsistencies”. This sounds like the judge in the case had worries, I see nothing about the defence suggesting that.

MrGordon said :

Spare a thought for Shawn Elrick – not likely, I’ll be sparing my thoughts for his victims.

Maybe they should have kept their story straight? Their story didnt line up with the stories told by other witnesses. The justice system might be broken, but it works on evidence and people telling their story which is backed up by others (not proved inconsistent by others). Should we simply throw any 19 year old in jail if a 14 year old makes an allegation (that cant be backed up)? Should we lower the evidentiary standards when children are giving evidence, so that inconsistent stories can be accepted by the judges as fact?

Here here. It is dangerous to convict on dubious evidence. If the crown cannot prove it beyond reasonable doubt, then we don’t convict them. Though I am sure nobody in the room thought he was innocent. I waited 5 years to get an outcome, not the one we wanted but it was an outcome.

Lookout Smithers 10:29 am 01 May 11

MrGordon said :

Another case of where ACT Law has failed. He didn’t prove his innocnence, his legal team proved some minor inconsistancies which by law meant he had to me found not guilty.

Spare a thought for Shawn Elrick – not likely, I’ll be sparing my thoughts for his victims.

Niced bias on this story too – “all involved were teenagers”
(WRONG…..the girls where 12 and 14 and Shawn was 19)

Maybe there is comfort that it was heard by the courts? By that I mean there a more cases that never make it that far. Spare a thought?

dvaey 10:11 am 01 May 11

MrGordon said :

Another case of where ACT Law has failed. He didn’t prove his innocnence, his legal team proved some minor inconsistancies which by law meant he had to me found not guilty.

Maybe I read a different page to you but I read “the judge did not believe the two girls delibrately lied under oath he was concerned with inconsistencies”. This sounds like the judge in the case had worries, I see nothing about the defence suggesting that.

MrGordon said :

Spare a thought for Shawn Elrick – not likely, I’ll be sparing my thoughts for his victims.

Maybe they should have kept their story straight? Their story didnt line up with the stories told by other witnesses. The justice system might be broken, but it works on evidence and people telling their story which is backed up by others (not proved inconsistent by others). Should we simply throw any 19 year old in jail if a 14 year old makes an allegation (that cant be backed up)? Should we lower the evidentiary standards when children are giving evidence, so that inconsistent stories can be accepted by the judges as fact?

Lefty 8:24 pm 30 Apr 11

And they wonder why crimes go unreported!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Lookout Smithers 7:22 pm 30 Apr 11

How bout we spare a thought for any victims of crimes such as these. It is a shame that the justice system deals in justice and not sympathy as well.

Deref 5:12 pm 30 Apr 11

“Justice delayed is justice denied.”

MrGordon 3:51 pm 30 Apr 11

Another case of where ACT Law has failed. He didn’t prove his innocnence, his legal team proved some minor inconsistancies which by law meant he had to me found not guilty.

Spare a thought for Shawn Elrick – not likely, I’ll be sparing my thoughts for his victims.

Niced bias on this story too – “all involved were teenagers”
(WRONG…..the girls where 12 and 14 and Shawn was 19)

Los 2:48 pm 29 Apr 11

Have a thought about the 2 victims they were young girls (14 & 12) and their families after yeatersdays findings, 2 years is disgusting on any level. ACT law is the problem in this particular case ……..

colourful sydney rac 11:07 am 29 Apr 11

An 18 month delay is unforgiveable.

The Frots 10:52 am 29 Apr 11

2 years…..?????????? Somebody save us from this judiciary!!

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