Н.Л. the captain was found guilty because he tried to kill his wife in the sea, although she said that the story was made up


When a judge in Newfoundland soon condemned the fishing vessel captain that he tried to leave his wife, he suddenly came to a complicated legal position.

Kapitan's wife, a victim of a crime that was just proven beyond reasonable doubt, told her that she never happened to have done everything because she was angry.

This was a problem that aroused the fear of a judicial error, and the ultimate solution of the judge is a rare illustration of the law on victims who renounce criminal charges.

When the trial last week was briefly reopened, Judge Wayne Gorman had already condemned Trent John White for assault and an aggravated assault and for the damage actually inflicted by Jessica Decker's mobile phone in the eastern Atlantic during a fight to use opiates. White admitted that she threw the phone, but could not explain why, and denied her the attack.

As White said, frankly, if he "wanted to throw over a ship, he would be across the border."

I do not accept Mrs Decker's evidence as reliable or fair

But Judge Gorman did not believe in his denial. He believed that two members of the crew, who were on board the ship in the Labrador Sea in the summer of 2017, chased a turquoise when they heard shouting from the back of the boat. They said that Bela and Decker had trouble, Decker was half way.

As told by crew member Eustace Hewlin: "Well, we heard a loud scream – I and (another crew member) were in the wheelhouse; I think we ate a sandwich then, or I was, but then I heard a scream – like a desperate scream for help, and we both returned back to the deck of the boat where we noticed – Jessica was over the side of the boat with his fist grabbed – hand grabbed around the fish trays, and one leg was still in the boat. So, we immediately grab Jessica and drag it back and from there, I do not know – after that I can not say too much. "

If Decker actually went overboard, Hewlin testified that he could not get back, given the rough sea.

Judge Gorman, when deciding whether to claim a new allegation that the victim lied, decided that the risk of unlawful conviction required that the law be freely interpreted and that the trial be reopened, even after the guilt was pronounced.

He decided that he could not refuse to question Decker for technical reasons, simply because he was crowned by the court and was present at the trial but was not heard as a prosecution witness or defense.

If you did not call her, the "reasonable and tactical decision taken by former White House adviser" was based on the fact, as the lawyer later explained in the affidavit, that she had given inconsistent versions of her memories. White got a new lawyer after his conviction.

The tactical decision of the defender is usually not sufficient to reopen the trial, but Judge Gorman let Decker confirm that he will change his judgments.

Does not cause alteration of judgments

She said that she lived with Bella through the spring and summer of 2017, and that she had dependence on opiates and enjoyed alcohol, but their relationship was "great." At the time of the fishing trip, he gave all of her pills so that he could slowly split them to tear it apart. She said that they would often fight, usually on her initiative, which happened on the day of the attack. She said she threatened to kill her by jumping into the water, and White said he was moving forward. She said that she tried to make her look like she was hit and that they started fighting when the other two crew members intervened.

She did not report the attack several months later when she spoke to the police after they responded to the reports that she was attacking her on the road.

She was interrogated by a police officer, but, as she told Judge Gorman, she lied and exaggerated for two reasons: to return to White and to redirect the police suspicion of her drug possession and the fact that she just had a vehicle. She claimed that during the interview she was very high, but the police officer found her sober and had no doubts about her mental state.

Therefore, Judge Gorman reopened the trial and heard it, but this did not affect convictions. He decided that Decker was not fair and that her indictment was "deliberately untrue" and designed to help her husband facing a large prison sentence.

"I do not accept Mrs Decker's evidence that they are reliable or fair. It does not seem to me, in the context of the totality of the evidence presented, that I have a reasonable doubt. That's why I do not change any of my judgments, "Gorman wrote in his new decision this week.

• E-mail: [email protected] | Twitter:


Source link