F1 » Lehto freed over boat accident


JJ Lehto cleared of charges relating to the death of a friend in a boating accident

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odb - Unregistered

November 30, 2012 6:31 PM

" it couldn't be proven if he was in fact behind the wheel at the time the accident occurred."

Doesn't mean he wasn't at fault, there just isn't enough evidence.

richard

November 30, 2012 6:44 PM

odb. are you not a believer in "innocent until proven guilty"? you certainly do not know if jj was at the wheel or not, so therefore he is innocent. if you have proof that he WAS piloting, then maybe you should contact the finnish authorities.

Googolplex

December 01, 2012 7:45 AM
Last Edited 604 days ago

ODB's comment is strictly correct. Just ask OJ Simpson. 'Innocent until proven guilty' is a legal presumption that applies when a person is accused of a criminal offence before a Court of Law where the standard of proof is proof beyond reasonable doubt. The fact that JJ Lehto has been found NOT GUILTY means the Prosecutor could not establish guilt beyond a reasonable doubt. It is not a finding that he is innocent of the allegation. Innocence of an allegation as a matter of fact or inference in everyday life usually has us considering the evidence on the balance of probabilities, not beyond a reasonable doubt.

AJS - Unregistered

December 01, 2012 9:40 AM

If you believe that, because the prosecution was unable to prove JJ was behind the wheel at the time of the accident, then that doesn't equate to not guilty, then you cannot believe in "innocent until proven guilty" It is the job of the prosecuting body to ensure that, if the evidence is there, then they find it to secure the conviction, the fact they could not do that, suggests it wasn't there, therefore JJ is innocent.
Googleplex quotes the strictly legal definition, but the fact is that a jury hears the evidence from both sides and makes a decision on what they hear, these people need no formal legal training and are there to provide a cross section of "reasonable" people.

AJS - Unregistered

December 01, 2012 9:50 AM

Or to put it another way
If you allow one of your mates to drive your car home from the pub and you are in the passenger seat when he runs someone over and kills them, it cannot be proved that he was driving but as it's your car, you get charged with causing death by dangerous driving, you'd be a bit miffed.

Googolplex

December 01, 2012 9:59 AM
Last Edited 604 days ago

AJS,

It is quite common for Jurors to say after a trial that they thought the guy in all probability did it, but they had to acquit because there was a reasonable doubt.

AJS - Unregistered

December 01, 2012 11:14 AM

Googleplex

The court of appeal overturned the original verdict, this suggests they found it to be flawed in some way, would you be maintaining JJ's guilt if the original jury had found him not guilty in the first trial?
If not, then by definition you accept what I am saying, if yes then I hope, should you ever find yourself the victim of a miscarriage of justice, you accept the fact, in the same way that you are arguing for JJ's guilt.
The law is not black and white, if it were, we wouldn't need jury's, Judges, barristers, solicitors, courts, the CPS etc etc.

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