Chedwyn Evans maintains his absolute innocence and his family, friends and many who know the true facts of the case believe that his conviction was a gross miscarriage of justice.
On 15 July 2014 Ched’s new legal team David Emanuel of Garden Court Chambers London and Shaun Draycott submitted an application to the Criminal Cases Review Commission which is the first step to a second appeal. They are confident in their submission.
We believe that due to Ched’s profession, information that was not used by his original defence and other information that has been gathered since his conviction will in time overturn a wrongful conviction.
For those who only read the media reports, this website endeavours to redress the balance by presenting the evidence in a balanced and accurate manner so that the public can assess the salient facts and make their own judgement.
From the outset we would ...view middle of the document...
She remembers being in the night club and waking up the next morning in the Premier Inn, a time span that specifically covers the entire sexual activity which led to Ched being convicted of rape and his co-accused Clayton McDonald acquitted.
The only evidence of what sexual activity occurred came from the accounts of his co-accused Clayton McDonald who also had sex with the complainant and was found not guilty of rape, Ched, and the night porter who was listening outside the room.
As this case revolves around the issue of intoxication and consent, it should be noted that it is established in the case of R V Bree that drunken consent to sexual intercourse is nevertheless consent in the eyes of the law. This does not mean that if a person is unconscious through drink or drugs it is acceptable to have sex with that person but rather, where an intoxicated person is functioning and able to make conscious decisions at the time of intercourse and then subsequently regrets that decision and decides to make a complaint of rape, her self-inflicted intoxication ought not to be considered as relevant to the issue of consent.
The police arrested both Ched and Clayton at the station, they acknowledged that the only evidence that sexual activity had taken place was their admission. There was no complaint of rape, no forensic evidence, no injury and no complaint.
Finally it should be noted that the burden of proof in criminal law lies with the Prosecution and that in order to gain a conviction the Prosecution must prove ‘beyond reasonable doubt’ that a crime was committed i.e. the Jury has to be sure an offence has taken place. Essentially, this means that following the submissions of the Prosecution if there remains any doubt that a crime has been committed the accused must be acquitted. It is not for the accused to prove his innocence.