Victim Of Rapist Lottery Winner Allowed To Sue After 20 Years!

LOTTO RAPIST:

IORWORTH HOARE

This case has been to the House of Lords already and changed the law in the sense that they decided that the shorter 3 year limitation period for bringing claims for personal injury applied to intentional assaults rather than the longer 6 year period generally applicable for other torts.

That was a victory for the rape victim. Why? Because the 3 year period can be extended in exceptional circumstances but the 6 year period cannot.

Whether the period should be extended was referred back to the High Court and its decision was released on the internet today. See the title link.

Mr Justice Coulson has given the Claimant the extension and allowed her action to proceed against her rapist. Instinctively, we probably all feel that he has made the right decision. Why should the undeserving £7 million pound lottery winning rapist not compensate his victim?

Legally, I am less sure. Mr Justice Coulson has done his very best to render his decision appeal proof. I am not sure that it, in fact, is.

Here are his reasons for exercising his discretion in the Claimant's favour:

"... When considering all the circumstances of this case, I have identified a number of factors in the defendant's favour. These include, in particular, the length of the delay, the possible difficulties for the defendant on some aspects of the evidence on causation caused by that delay, and the payment of the £5,000 by the CICB. However, I have concluded that the factors in the claimant's favour are more numerous and of significantly greater weight. They lead me unhesitatingly to conclude that equity requires that the discretion under section 33 be exercised in her favour.

Those factors include in particular:

(a) The nature and seriousness of the underlying tortious wrong;
(b) The fact that one of the consequences of that wrong was the defendant's impecuniosity (because he was unable to earn money by which he could otherwise have met a judgment for damages);
(c) The fact that, prior to his lottery win, the defendant's impecuniosity meant that he was simply not worth pursuing in an action for damages. This was the principal reason for the claimant's delay and one that I consider to be reasonable on the particular facts of this case;
(d) The fact that the claimant acted promptly following the defendant's release from prison and his lottery win:
(e)The fact that the 'clinically significant' second bout of PTSD in 2004 will be capable of being fully addressed by both parties at any trial."

Do these factors fully and necessarily trump the purpose of our limitation legislation; which is to enable potential defendants to know when the risk of a claim against them has expired and they can rest easy?

Well, Mr Hoare certainly has the resources to explore this question on further appeal.

No-one, I think, is going to wish him luck. It emerged after the verdict that this little bastard had "six previous convictions for rape, attempted rape and indecent assault." A less attractive client would be difficult to envisage.

I would not touch him with a barge pole and it can hardly be defamation to describe him, quite simply, as a piece of low life scum. Hopefully, he will spend any part of his fortune that does not go in damages to the Claimant on legal fees!

And, what about his other six proved victims? They should be consulting lawyers now.

Here he is at the time:

And here he is now:

A small picture of a small man. You will need the picture as he lives under aliases.

QUIZ QUESTION: What were they thinking of when they let this man out?

British MPs Are World's Champion Pigs: It's Official

Today, British MPs have taken a narrow lead over Members of the European Parliament to take the title of the most mendacious and greedy so-called public servants in a supposedly democratic society. See the title post.

They simply will not give up their perks no matter what public opprobrium this entails. No matter the stench; they want their money.

Mind you, it is nice to see such cross-party cooperation on an issue of public interest!

The leaders consult:

Mr Loophole Does It Again!

Those of you who are not criminal defence lawyers may raise the odd eyebrow at his successes but Nick Freeman has clearly earned his self-bestowed title of "Mr Loophole". Well, apparently, it is a registered trade mark. No doubt, this is to prevent unfair competition with such an otherwise likable man who is a stalwart of his local community.


His latest coup is to have successfully defended Andrew Flintoff against a speeding charge (87 mph in a 50 mph zone) because the notice was sent two days late.


I entirely agree that the defence, although technical, was entirely justified. The Crown Prosecution Service must be held strictly to statutory requirements for a successful prosecution.

I am not sure all of the non-lawyers who do not read this site anyway will necessarily agree.

That, however, is a matter for Parliament.

I do think legal aid criminal lawyers should be learning a few tricks from Mr Freeman. Surely, these defences ought to be available to all and not just the rich and famous who can afford Mr Freeman.

A Sloppy Case

A headline in The Times today is as follows:

'Sloppy' justice system set criminal free to stab an ainnocent man

I think that "ainnocent" could reasonably described as "sloppy" when emanating from a major news organisation; but, no matter. They will probably change it quickly and before you get to the title link.

The error also does not matter at all. It is merely ironic. The content of the story does matter.

The victim is pictured at the head of this post. He was killed by this man:

Justice For the Tibetan Dead and Mangled

Do Justice You Corrupt and Disgusting Alleged Representatives. Yes, you, Mr Brown; our alleged Prime Minister.

Hang 'em High

Another victim:

SOPHIE LANCASTER

"Sophie, 20, was booted in the face and left in a coma as she tried to protect Robert Maltby, 21, during the “totally unprovoked” attack in a park.

The couple were so badly beaten that medics and police could not tell which was which as they lay side by side unconscious in a pool of blood."

Another victim:

DAVID MORLEY

"Mr Whitehead described lying on the pavement and putting his hands around his head while he was kicked and punched in the ribs and head.

He told the court one of his assailants "seemed to be getting enjoyment" out of it and was smiling or laughing.

He described looking over to see Mr Morley sat against hoardings near the bench.

"A girl ran up and kicked his head like a football. There was only the girl when I saw him. She went over to David. She pulled her foot back and was kicking him like a football very hard to the head two or three times.""

WHAT THE LEGAL PROFESSION IS DOING ABOUT IT:

OUR MAJOR ISSUE: FISHNETS?

"In the case of fishnet tights versus office decorum, the jury was most certainly out yesterday.

A law firm's decision to ban women wearing fishnets to work has left lawyers as neatly divided as a divorcing millionaire's fortune.

The unidentified firm has decreed that female lawyers in fishnets distract male colleagues and look unprofessional".

AND WHAT THE JUDGES ARE DOING:

Mr Justice Coleridge blames youth crime, child abuse, drug addiction and binge-drinking on the "meltdown" of relations between parents and children.

He warns that the collapse of the family unit is a threat to the nation as bad as terrorism, crime, drugs or global warming.

And:

"He will say: "Almost all society's ills can be traced directly to the collapse of family life. We all know it. Examine the background of almost every child in the care system or the youth justice system and you will discover a broken family.

"Ditto the drug addict. Ditto the binge drinker. Ditto those children who are truanting or who cannot behave at school.

"Scratch the surface of these cases and you invariably find a miserable family, overseen by a dysfunctional and fractured parental relationship - or none at all."

Calling for action before it is too late, the judge will say family breakdown is as serious as global warming."

IS HE RIGHT?

Ultimately Cross

I have long resisted commenting on sentencing policy. I am not a criminal lawyer and I do not write, and rarely agree with, Daily Mail editorials.

However, this gifted young man's death has not been properly avenged.

And, yes, vengeance is a proper part of the sentencing decision. Otherwise, these atrocious little thugs will never learn that they will not be allowed to get away with it.

The thugs were Patrick Rowe and Dejon Thompson (may their names live in infamy). If anyone has photographs of these animals I will put them up.

Discuss.