Now as many of you now know I believe Keran is guilty, from the above extract, you would be led to believe the Directions hearing doesn't believe this and is granting Keran an appeal.
Alas this is not entirely the case: An appeal is not granted at a Directions Hearing.
The Magistrates court (sorry ROYAL COURT, my mistake) hear all of the evidence that Kerans legal team plan to bring to the 'new trial'. The Judges will listen to all 'new eveidence' provided and if they decide it is valid then an appeal will be granted.
They did not afford Keran's trial MERIT for an appeal, they merely stated the 'evidence' presented had merit but not full merit to warrant an appeal so they are to come back again with more for the Judges to decide on the way forward.
In, by saying 'evidence' I am strictly referring to 'Experts', 'Procedures', Diseases, Alternatives.
As you are aware by now, Iain DOES NOT think any of the above should be used against someone in a trial BUT seemingly can be used FOR someone.
I just thought I could let you know some of the legal Jargon so you can keep track.
PS: As most legal eagles will know Bio-mechanics is not recognised in the UK so I am sure that theory is OUT (",)
Some fun facts to help you to understand a Directions hearing so that you know what to understand for a retrial:
- Generally, there is no trial in a Magistrates court, only consideration of the record of the evidence presented to the trial court and all the pre-trial and trial court proceedings are reviewed—unless the appeal is by way of re-hearing, new evidence will usually only be considered on appeal in very rare instances, for example if that material evidence was unavailable to a party for some very significant reason such as prosecutorial misconduct. (as this was held in a royal courts there is leave for an appeal but still not retrial)
- The petitioner has the opportunity to present arguments for the granting of the appeal and the respondent can present arguments against it.
- At such hearings each party is allowed a brief presentation at which the Magistrate judges ask questions based on their review of the record below and the submitted briefs.