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本帖最后由 SAland 于 2020-4-8 17:39 编辑
我建议大家有时间还是看看判决书原文再开喷吧。
我看了的感觉，这简直就是澳洲版的雷洋案，全案基于原告一个人的口供，argue 被告有 possibility 在人来人往的周日大弥撒紧接之后的大概 10分钟左右空档时间 3P 性侵两个少年，而且这宝贵的 10分钟还必须排除以下情况（判决书原文第 56 段）：
It remains that acceptance of A's account of the first incident requires finding that: (i) contrary to the applicant's practice, he did not stand on the steps of the Cathedral greeting congregants for ten minutes or longer; (ii) contrary to long-standing church practice, the applicant returned unaccompanied to the priests' sacristy in his ceremonial vestments; (iii) from the time A and B re-entered the Cathedral, to the conclusion of the assaults, an interval of some five to six minutes, no other person entered the priests' sacristy; and (iv) no persons observed, and took action to stop, two robed choristers leaving the procession and going back into the Cathedral.
这种 possibility 可能性有多少，算不算 beyond reasonable doubt，大家不妨以 common sense 自行下结论。
而之前判 Pell 有罪仅仅是因为原法官认为原告值得信任，故而扭曲了辩证逻辑，如上诉律师指出的（判决书原文第 53 段）：
The applicant submitted that, notwithstanding that the Court of Appeal majority correctly stated the standard and burden of proof, their Honours reversed it by asking whether there existed the reasonable possibility that A's account was correct, rather than whether the prosecution had negatived the reasonable possibility that it was not. On the Court of Appeal majority's findings, the applicant submitted, it was evident that the jury, acting rationally, ought to have entertained a reasonable doubt as to his guilt. The prosecution conceded that the offences alleged in the first incident could not have been committed if, following Mass, the applicant had stood on the Cathedral steps greeting congregants for ten minutes. Their Honours' conclusion that it was reasonably possible that the applicant had not adhered to his practice on the date of the first incident necessarily carried with it acceptance that it was reasonably possible that he had.
事实真相也许永远没人知道，但 High court 起码还了法治一个公道，如果原审的案子得以维持并成为判例 case law 那才真是太可怕。 |
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[全球金融危机对我和我身边的人影响征文] 多收了三五斗 (2008-10-26) cotta 
楼主:satellite0
发表于 2020-4-7 22:45
