Child porn sees an accountant in denial jailed for 45 months
Tuesday 29th March 2011, 11:30AM BST.
Paul Towers and Advocate Alan Merrien on their way to court for Towers’s trial. (Picture by Tom Tardif, 1094077)
AN ACCOUNTANT convicted of child pornography offences was yesterday jailed for three years and nine months by the Royal Court.
Paul Towers, 51, denied the seven counts against him but he was found guilty of each by a 6-3 majority at trial last month.
Towers had tried to blame his crime on his ex-wife, who had reported the pornography to police, and during their turbulent relationship she had accused him of trying to poison her.
Towers had a total of 147 still images on his machine and seven videos, though all had been deleted and could be recovered only with specialist software by forensics.
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Something ought to be done to abolish child pornography on the internet.
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Zelda – Such as …………….???
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I now have absolutely NO faith in the Guernsey justice system.
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Zelda,
I fear the logic which normally flows from that line of thinking is this:
‘Something ought to be done. This is something. Therefore we ought to do it.’
(with apologies to Sir Humphrey Appleby)
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Zelda
That’s a bit like saying bank robbery should be outlawed. It is, but it doesn’t stop being doing it and risking it being caught.
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6-3 some believed him surely this should be looked at again. There are always two sides to a story.
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Zelda
The only way that will happen unfortunatly is to close down the internet completely…
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There will surely be an appeal against an excessive sentence. How can he get virtually the same sentence as the guy who was sharing stuff with an English syndicate.
The Guernsey justice system has no consistency whatsoever. If this had happened in the UK it would never have even gone to court because so much of the evidence is circumstantial.
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There are so many stories like this. So many people are convicted as peadophiles when they are innocent. 3rd party access to wireless modems and file sharng websites having access to your computer is so dangerous… Everytime you download a programme, file or toolbar, you are unknowingly downloading god knows what else. I’d bet everyone who is IT literate and uses the internet has downloaded things unintentionally in their time. I know I have. It’s so easily done.
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The whole ‘but I know him and he’s a decent chap’ thing is what stops a lot of people from believing that their brother/father/friend/neighbour (or female equivalent) could be guilty of abuse. No wonder so few victims want to come forward or when they do they are often treated with scepticism.
I remember in the original Press article on this (the full print version) that very precise search terms were found in his websearch history showing that offensive material was sought with quite specific knowledge of the matter: this wasn’t accidental downloading nor some naive stumble over something ‘a little smutty’.
His defence was that his wife had framed him by a) downloading and b) changing the computer clock to make it appear that only he could have done it when she could prove she was out. The computer expert showed that this couldn’t be the case because there was no mismatch in time logs.
The material had already been deleted when the Police seized the machine. The judge felt it did not make sense that the wife would have reported the matter if SHE had been the one to download and then delete the material as she was not tech-savvy enough to know that the material could still be found.
‘Witch hunting’ danger, definitely. Mismatch in sentencing, possibly. But I don’t believe the Court, the Police or the forensic expert had any reason to frame this man. The facts seem to stack quite clearly against him.
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How can you be ‘in denial’ if you are not guilty?
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Interesting comment Mrs Meat, because of course there was no mention in the press article (any of them) of web search terms at all. There was no evidence of web searches for pornography of any kind and there were no pornographic images or movies on any of the computers seized.
The only evidence at all was a thumbs.db file in a folder used by file-sharing software. That file could have been downloaded along with a piece of music, a movie (not necessarily pornographic) a document etc.
There are many things that bother me about this case. The severity of the sentence compared to other recent cases is one, of course being penalised for having the temerity to claim you are innocent in a taboo case like this means you will suffer the full penalty it appears.
The whole case hinged around circumstantial evidence with the background question being “if not him, who?” And of course with file sharing software being involved, then the answer could have been “someone in Manchester, or America, or Timbuktu”.
This whole case stinks and thank goodness 3 of the Jurats were able to see past the taboo subject and that something was seriously wrong with the whole thing.
Being ‘in denial’ is a lovely term. Except of course when you are actually innocent and will not ever accept you are guilty.
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Mrs Meat
some facts for you
“I remember in the original Press article on this (the full print version) that very precise search terms were found in his websearch history showing that offensive material was sought with quite specific knowledge of the matter: this wasn’t accidental downloading nor some naive stumble over something ‘a little smutty’”
Simply not true – your memory is at fault
His defence was that his wife had framed him by a) downloading and b) changing the computer clock to make it appear that only he could have done it when she could prove she was out. The computer expert showed that this couldn’t be the case because there was no mismatch in time logs
Again wildly off track
The whole case boils down to a set of circumstantial events with no proof produced by the prosecution of who had actually downloaded the material in question. There was no suggestion that the Police or the expert witness framed anyone – in fact it was the expert witness who agreed that there was a reasonable case to say the the material was downloaded automatically with neither of the users being aware that this was happening.
“The final sentence The facts seem to stack quite clearly against him.” should read that the inference was against him? That is not a fact it is an opinion.
And how can you show remorse for something you didn’t do – ever heard of catch22 ?
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Cas
But he has been found guilty after minute examination of the facts by experts
Mrs Meat’s post says it all.I’m sure Fred West’s mum always thought him to be a good boy
Daily Mail item about ten days ago … a Russian? child abuse website has been closed down. There were 70,000 members from the UK alone including a Judge,a senior Police officer and others in public life employment.Their names have been passed to the UK authorities for investigation
I wouldn’t be at all surprised if some Guernsey mother’s ‘good boy’ is on that list
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Mrs meat – you remember wrong. There were no web searches at all, no evidence of pornography on any machine except for a thumbs.db file in a file-sharing folder. The thumbs.db file could have been downloaded from another user of the file-sharing network automatically, attached to another file.
The forensic expert by the way was extremely helpful to the defence and was part of the reason why 3 of the Jurats were able to vote ‘not guilty’.
All evidence is circumstantial.
The bottom line here is that a man has recieved the longest sentance of any of the recent cases for having NOTHING on his computer except a hidden system file that says at some point there MAY have been images and movies there.
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I do apologise if I have got my facts wrong, but although there have been a number of these cases lately, this one was fairly distinctive and as I don’t get the paper every day and I discussed the details of this case at the time of print with someone who knew him, I’m not convinced that my earlier post IS wrong.
However, as the Press don’t carry their full articles online it is impossible for any of us to point to the original text online for clarification.
‘The wife did it’ was definitely part of his defence, which I found pretty nasty (either if it was true, or only made up by him whilst actually guilty). Also I was surprised to see some of the search terms found actually printed in the Press. I don’t remember any other recent case having carried that sort of detail so I can’t see how I can have muddled up two different cases.
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JeremyC
Is that the only evidence they had against him? I doubt very much they would have convicted him just on that. I dont believe you and why are you so concerned about the sentence? IF he is guilty then the longer the better.
Some people can never accept that a friend or family member can be guilty of certain crimes, maybe your one of them?.
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To all those who believe the man to be innocent … beware of forming your opinion based only on the odd half page Press reports of a case that lasted several days
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Bcb – firstly yep – that’s the only evidence they had against him. In fact that’s the only evidence they had against ANY USER of the laptop.
If he was guilty, correction, if I suspected he was guilty, then I wouldn’t be here defending him.
I am concerned about the sentence because compared to the others it is extremely harsh, especially so when someone else was convicted today and received 15 months. Of course a sentence of any length for an innocent person…….
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JeremyC
Ok so there was no evidence that he was searching for any of this material and there wasen`t even any of pornographic material apart from this file which could have been downloaded without him knowing?. If those are the facts i cant believe he even went to court and that is why i suspect there was a lot more evidence than you say.
I thought the experts could tell when and how often a file was opened? if that is the case they would know if he or anyone else was looking at whatever was on it?.
Finally how do you know this was all they had on him? did you hear the whole case?.
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@JeremyC
You stated: “The only evidence at all was a thumbs.db file”
But then why would the wife have reported the existence of the pornography on the pc if it was only to be found referenced within a system file? Thumbs.db cannot be opened and viewed easily by those without technical skill.
The material must have been present on the computer in a format that it could be viewed easily by a user and then subsequently deleted before being seized by the authorities.
So the issue is not one of whether the pornography was downloaded surreptitiously without the owners knowledge, as the wife, quite clearly, would have needed to be pretty sure of it’s existence in order to report it to the police.
Let’s not forget one very important fact about paedophiles, they are extremely manipulative pathological liars.
I find it somewhat troubling that, instead of considering the sentencing of other cases as being too lenient, you, instead, claim that the sentencing in this case is ‘extremely harsh’.
Paedophilia is a serious mental illness and these people cannot be reliably treated. The only option we currently have is to keep them away from decent society. IMO all sentencing in these child abuse cases is too lenient.
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in answer to your questions:
Q: Ok so there was no evidence that he was searching for any of this material and there wasen`t even any of pornographic material apart from this file which could have been downloaded without him knowing?. If those are the facts i cant believe he even went to court and that is why i suspect there was a lot more evidence than you say.
A: No there wasn’t and in the UK this would not have gone to court.
Q: I thought the experts could tell when and how often a file was opened? if that is the case they would know if he or anyone else was looking at whatever was on it?.
A: Nope, it tels you when a file is created and when it’s deleted, filename and in some cases a thumbnail image 40px X 40px. No user information at all. No IP address, no user logon. No indication if the thumbs.db file relates to the folder it is within, or if it is downloaded inadvertently or automatically along with something else.
Q: Finally how do you know this was all they had on him? did you hear the whole case?.
A: Saw some of the case, had access to all the case material, much more obviously than was reported in the press, which is why I see this for the farce it is.
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Bill Yeager
| March 31, 2011 at 10:06 am
@JeremyC
Again I will answer these questions:
Q: You stated: “The only evidence at all was a thumbs.db file”
But then why would the wife have reported the existence of the pornography on the pc if it was only to be found referenced within a system file? Thumbs.db cannot be opened and viewed easily by those without technical skill.
A: The wife reported many things, none of which proved true.
Q: The material must have been present on the computer in a format that it could be viewed easily by a user and then subsequently deleted before being seized by the authorities.
A: Nope – and as was clearly stated by the prosecution forensic expert, the only evidence is a thumbs.db file that could have been downloaded without either the husband or wife knowing.
Q: So the issue is not one of whether the pornography was downloaded surreptitiously without the owners knowledge, as the wife, quite clearly, would have needed to be pretty sure of it’s existence in order to report it to the police.
A: That’s the whole point, this was not what she reported to the Police, she reported that she ‘Was being Poisoned with seeds in her food’, Attempted-murder was her complaint. However after suspecting she was being poisoned she then remained in the family home because she was ‘Too busy to move out’. None of her other complaints were upheld.
Q: Let’s not forget one very important fact about paedophiles, they are extremely manipulative pathological liars.
A: No argument here – as long as the person in question actually is one.
Q: I find it somewhat troubling that, instead of considering the sentencing of other cases as being too lenient, you, instead, claim that the sentencing in this case is ‘extremely harsh’.
A: There is a tariff set for cases such as this, look at recent cases and you will see the trend. The sentence in this case is unduly harsh in comparison.
Q: Paedophilia is a serious mental illness and these people cannot be reliably treated. The only option we currently have is to keep them away from decent society. IMO all sentencing in these child abuse cases is too lenient.
A: I agree, for people guilty of the crime.
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The verdict was 6-3 at the trial in finding him guilty. Therefore, presumably, the 3 jurats who felt that the defendant was “not guilty” on the facts then played a part in helping to set the appropriate sentence, i.e for an offence they thought he hadn’t done. Does this not strike anybody else as a strange anomaly?
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Chris – I believe that it is the judge that sets the sentence, not the jurats
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I have no idea whether the conviction in this case was sound or otherwise but with regard to sentencing I do tend to agree with you Jeremy, although you will get precious little sympathy from those with vengeful mentalities like Bang ‘Em All Up (and throw away the key) Bill.
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JeremyC
I can’t quite get my head around the fact
(according to you) that the wife reported an attempted murder and the Police seized the suspect’s computer and had it forensically examined at great cost … to do what .. find evidence of the attempted murder?
You say you had access to all the case material which makes you either a fellow prison inmate or one of the defence team
Sounds like a poor loser to me.If you ever become an Advocate you’ll have to get used to the fact that you win some and you lose some,no matter how you try to spin the facts
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Ray
It may well have been the case that the PC was seized to find whether there was any evidence of poison ordered online.
In an investigation where attempted murder is alleged every base needs to be covered thoroughly.
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If that is true that the whole case was based on the existence of 1 file – thumbs.db then I can’t believe why the forensic specialist would not have made more of a point of this.
Given that “The thumbs.db file serves as a cache of the thumbnail pictures in a Window directory” if there was no recoverable evidence of the related files to that thumbnail file or other corroborating evidence such as other recoverable images or filenames then I am astounded that this whole case was based on that one file.
Especially if it was linked to a peer to peer software program, whilst these programs I am sure are used to transfer this kind of material I can also understand that something like that could be inadvertently transferred by someone grabbing a shared folder from someone over the internet.
Was there no other evidence to support the activity on the PC at the time this thumbs file was created on the hard drive? If they were copying files from a peer to peer then I would have expected that a timeline view would show that there were other files perhaps MP3s or movie files being created at or around the same time lets face it theres a fair chance that they were presumably using the peer to peer for illegal means (either copyright infringement or what was accused of)but either way then it would be extremely unlikely that nothing else was copied as well at the same time.
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Although given the commment above “Towers had a total of 147 still images on his machine and seven videos,though all had been deleted and could be recovered only with specialist software by forensics.”
This doesnt sound like the only file was a thumbs.db file
If the files were recoverable then the evidence was there surely?
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@ Ray
Q: I can’t quite get my head around the fact
(according to you) that the wife reported an attempted murder and the Police seized the suspect’s computer and had it forensically examined at great cost … to do what .. find evidence of the attempted murder?
A: err yes? To find evidence of the purchase of drugs/seeds online. In depth forensic examination happened after they didn’t find anything and bought the wife back in who suddenly ‘remembered’ a lot of other complaints she hadn’t included at that point.
Q: You say you had access to all the case material which makes you either a fellow prison inmate or one of the defence team.
A: Obviously I must be an inmate – they have 24/7 unmetered internet access don’t they.
Q: Sounds like a poor loser to me.If you ever become an Advocate you’ll have to get used to the fact that you win some and you lose some,no matter how you try to spin the facts
A: You have produced no ‘facts’ at all, just a lot of pontification as far as I can see. If you had access to the information I have, maybe your anger would be directed against a process that has failed rather than at me.
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JeremyC
OK my friend.With your intricate knowledge of the case against my Press clippings I have take a couple of steps back
Just a thought though,wouldn’t it be a good idea to keep your powder dry for the appeal?
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Why has the wife’s story not been examined more closely. I still believe there is something more to this story.
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I can tell you there is a lot more to this story. I know the accused and his family very well. Do not beleive everything you read in the papers.
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@Karen
Because she was not the one being accused of anything.
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@Ray
Q: OK my friend.With your intricate knowledge of the case against my Press clippings I have take a couple of steps back
Just a thought though,wouldn’t it be a good idea to keep your powder dry for the appeal?
A: Ray I wish there could be an appeal. As this is Guernsey’s highest court, an appeal can only be made on a point of law, not because I feel the decision was wrong. All that would happen in an appeal is the same group of Jurats would read the transcript of the case.
Amazing thought isn’t it? We think of UK law & the multiple appeals that can be generated through that system. In Guernsey you have one chance.
The only appeal that can be made is that of the sentence, which would be looked at by the Bailiff, Deputy Bailiff and 3 UK QCs and of course leniency is not very forthcoming to an inmate who refuses to admit guilt. Catch 22?
There is a possibility that this case could be taken to the European Court of Human Rights, however that takes time and with a “Taboo case” like this it would be costly (and I understand there’s no money left) and although it may help the next person charged under similar circumstances, are we ever likely to see the same circumstances repeated in Guernsey?
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@M
Q: Was there no other evidence to support the activity on the PC at the time this thumbs file was created on the hard drive? If they were copying files from a peer to peer then I would have expected that a timeline view would show that there were other files perhaps MP3s or movie files being created at or around the same time lets face it theres a fair chance that they were presumably using the peer to peer for illegal means (either copyright infringement or what was accused of)but either way then it would be extremely unlikely that nothing else was copied as well at the same time.
A: Music & videos were being downloaded, err… I won’t comment on the copyright issues! However MP3s, do not appear in a thumbs.db database, same for many movie files. Date evidence is difficult to use a definitive proof, for one thing if the thumbs.db was downloaded along with another file then all date evidence is false, it doesn’t relate to the computer it’s currently on, just the one it came from. There was some evidence that the File-sharing software Ares Ultra was acting as a Supernode, meaning that files could have been routed through without anyone being aware of it. Trying to communicate all the technical jargon and issues to the Jurats was difficult.
Q: Although given the commment above “Towers had a total of 147 still images on his machine and seven videos,though all had been deleted and could be recovered only with specialist software by forensics.”
This doesnt sound like the only file was a thumbs.db file
If the files were recoverable then the evidence was there surely?
A: That’s exactly what it was – Thumbs.db file. The ‘still images’ were 40px x 40px thumbnails, called thumbnails of course, because they are basically the size of your thumb and only visible in this file if you use specialist software. I won’t say that it had to be forensic software as it is possible to download free programs which would let you view the contents, however none of that software existed, or appeared to ever have existed on the machine. No full-size images exist and no images were able to be recovered from deleted items, unallocated space or any other area of the hard-drive even using forensic software. There were no actual films only filenames of films.
None of this would have been visible to either the husband or wife without specialist software.
All the recent cases have featured actual images and videos of a disturbing and disgusting nature on a machine where a single user could be identified and of course the defendant pleaded guilty. This one did not and the defendant pleaded innocent.
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JeremyC
You are in fact incorrect. Anybody can appeal against conviction in Guernsey. The fact the verdict was not unanimous presents more substance & credibility for the appeal.
You are not a lawyer. No jurat would be included in an appeal scenario. They would merely be a feature & mentioned on how much reliance they may have given to X, Y or Z.
The judge’s summing up of the case is where many appeals start. Where no factual evidence exists it’s always very dangerous to convict.
I’d suggest you get your facts straight before spouting off on things you clearly know little about.
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Paul
Can one assume you are an advocate of the Guernsey Bar or are you just spouting off on things you most certainly know very little about – your ignorance is astounding, in particular about the appeals process – kindly provide chapter and verse about your knowledge of the Guernsey Appeals process- as all you seem to have done is make statements most of which seem suspect.
An Appeal against conviction by the Royal Court does involve Jurats – kindly provide your evidence to the contrary – an appeal against sentence involves I gather the Bailiffs of Guernsey and Jersey and 3 UK QCs – if you know better again provide evidence.
Your rather puerile attacks are just that!
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@paul
I stand corrected! I do not claim to be a lawyer and it appears the information provided to me may have been incorrect, the advice was ‘cannot appeal unless a point of law is in question’.
I quote “as holders of judicial office, Jurats are more experienced in law and procedure than ordinary jurors—very difficult to challenge their criminal verdicts as unreasonable”.
http://www.guernseylegalresources.gg/ccm/legal-resources/law-reports/SubjectMatter/SubjCOURTS.htm#Court_of_Appeal
Unless ‘Paul’ you know different.
Pretty sure I have every right to ‘spout off’ though.
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JermeyC: How do offenders do it?? That is, groom their friends as no doubt child abusers groom their victims to believe they have done nothing wrong?
I take my hat off to Mr Towers, as he appears to have convinced you, as no doubt many children have now and in the past by abusers, that abuse is perfectly normal.
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@Town Dweller.
Have you bothered to read this thread? Is there no doubt in your mind? There was in 3 of the Jurats, he obviously ‘groomed’ them by your logic.
There’s no evidence of abuse in this case, there’s no evidence of ‘grooming’. There’s no evidence of any other human being than the husband or wife being involved in this case at all. There is evidence that automatic systems inherent in file-sharing may have originated the material.
There were other older computers in the family home by the way, one of which had been used exclusively by the husband. There was no evidence of anything at all on that.
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h
One can’t assume I’m an advocate. I have never claimed to have been either. However, here is the proof you require.
http://www.thisisguernsey.com/2003/01/11/unsafe-conviction-upheld-by-local-law/
Take note of the three UK Appeal Court judges.
I have issues with those that seek to mislead. It is an OCD for me to jump on them.
JeremyC
You alluded to being part of the defence team.
http://www.thisisguernsey.com/2011/03/29/child-porn-sees-an-accountant-in-denial-jailed-for-45-months/#comment-91179
Q: You say you had access to all the case material which makes you either a fellow prison inmate or one of the defence team.
A: Obviously I must be an inmate – they have 24/7 unmetered internet access don’t they.
http://www.guernseylegalresources.gg/ccm/legal-resources/law-reports/SubjectMatter/SubjCRIMINAL_PROCEDURE.htm#Appeals-leave_to_appeal
As a layman, I rest my case.
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Why didn’t the idiot change his harddrive?
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@Mr G
DOH! What a stupid comment. Think about it. Somebody would only change their hard drive if they KNEW they were about to be raided and have their computer taken away.
By the way I think this column should be renamed ‘Your Spout’
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@Paul
I didn’t allude to being part of the defence team, I just pointed out how ludicrous it would have been to assume I was an inmate. Assuming I was a member of the defence ‘team’ is your/his/their assumption. Even the idea of a ‘defence team’ is a bit of a joke, does one Advocate make a ‘team’?
Thank you for pointing out the links to me the “Unsafe’ conviction upheld by local law” was particularly interesting.
@Mr G.
What? If the defendant had a time machine or powers of precognition maybe he would have. Again What?
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@JeremyC
So you say that
“That’s exactly what it was – Thumbs.db file. The ’still images’ were 40px x 40px thumbnails, called thumbnails of course, because they are basically the size of your thumb and only visible in this file if you use specialist software. I won’t say that it had to be forensic software as it is possible to download free programs which would let you view the contents, however none of that software existed, or appeared to ever have existed on the machine. No full-size images exist and no images were able to be recovered from deleted items, unallocated space or any other area of the hard-drive even using forensic software. There were no actual films only filenames of films.”
So if I am understanding this correctly the only evidence found was this single file upon which a program was run to extract out the thumbnail images for a folder which was in fact not even present on this computer.
There was evidence at the time this file was created on the hard drive other material was being downloaded over the internet.
If the video filenames came from this same thumbs file then I am even more concerned about this case than before.
Guilty or not I dont know but beyond all reasonable doubt does not appear to be the case in my mind if the facts are as above.
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@M
Your understanding is correct. In fact a nice concise consolidation of the case; and just to confirm the video filenames are only present in the thumbs.db file.
All I can say is that 3 of the Jurats felt the same way. Reasonable doubt.
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@JeremyC
In that case the defence’s forensic expert should have done a better job at describing the technical aspects in a way so the jurats would understand as there appears to be a lack of evidence to tie this activity to anyone in particular.
If the peer to peer client was being used to download material and by accident copied a folder which contained this one file then how could that be attributed to one person. Given that if the person who intiated the download started the software to download vast quantities of data then the file in question could have been “created” on the hard drive when someone was or wasnt using the computer in question or indeed wasnt even in the house at the same time.
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All I can say is, I have lost faith in the Guernsey legal system altogether. I wonder how the judge can sleep at night after sending an innocent person to jail (as no doubt some of the other men who pleaded not guilty were). It is so easy to accidentally download something you are not even aware of when using a file sharing programme. Surely the jurats realise that!?
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The burden to convict rests with the jurats. With the limited information available to the general public it is difficult to form a clear opinion.
JeremyC
This is quite possible the ugliest & nastiest conviction one can be accused of. If the guy is innocent then no doubt he has been to hell & back.
If you wish to make all the case material available I’d happily take a look over & give an honest opinion as to what’s what.
Paedophiles sicken me to the the core. This case does not appear clear cut. I would hate to be in the same shoes for making what you claim is an innocent mistake.
Scan all the case material & make it available online. I’m sure a well intended offer of any help is better than the current situation.
Even the most thorough legal system make mistakes. Fresh eyes often see things that have been initially overlooked.
For a couple of hours reading I’d happily know I’d given some time to save a guy from what must be a nightmare.
Has he appealed against conviction?
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JoanneD. You may indeed know the accused and his family well. It doesn’t mean however that he is an innocent person.
Those who are interested in child porn are never likely to shout about it from the rooftops so that everybody knows what they are looking at. Quite the reverse in fact. They will go to extreme lengths to cover their tracks and keep such disgusting and vile material hidden from their loved ones, family and friends.
Such people, as we heve seen over recent months, are in all walks of life. They are also charming and manipulative and bloody good liars. Some of these people would be the last kind of person you would think capable of such sick fantasies. Even wives/partners/husbands can have absolutely no idea that their loved one is looking at pictures and/or films such as those that have been found. Imagine the horror when they do find out.
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@Been There
But the point is that (it appears) there was no evidence to show that this material had been viewed.
There was nothing else recovered from that machine or any other PC he had access to which would be odd if this material had been viewed and there is a valid and logical explanation as to how the single file found could have been inadvertently copied onto the PC.
Certainly sounds like this needs careful re- examination
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@Paul
Not sure I could scan & post it online as there are thousands of pages, I can certainly arrange for you to see the notes if you think it might help.
He won’t be appealing, firstly because there’s no money left and secondly the advice was ‘no point unless it’s a point of law’.
jeremyc (at) consultant (dot) com
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correct version
My brother has been to hell and back over the past three years as well as almost having a mental breakdown. He doesn’t deserve to be where he is and the Guernsey Justice system has let him down badly. He is an innocent man who is going to lose his dwelling, his car, possibly his job and he will be in debt to the advocates for many years to come.
Yes there will be an appeal. I have a copy of ‘An analysis of the documentation disclosed by the Law Officers and further documentation held in the case of the Law Officers of the Crown vs. P T TOWERS. It is over one inch thick. Anyone who reads it will surely come to the conclusion that there has been a serious miscarriage of justice.
Not only is he having to deal with the horrendous position he is in but he also has me to think about on the other side of the world with a terminal illness which has no cure or treatment and a very short life expectancy… I am already almost totally paralysed and can only write this using voice recognition software. He was must be thinking now that he will never see me again.
My brother deserves a break after all he and my family have had to endure for three years caused by THAT woman.
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JeremyC
There appears to be a breakdown in communication somewhere in this.
Finances, or lack of them, has no relevance where justice is concerned.
The point in law, which you hang everything on, is not one that seeks to convict those who claim to be innocent.
How could that work in all fairness?
I’m sure his advocate would be happy to provide an electronic copy.
Has Paul Towers made a request for this?
There is going to be an appeal, contrary to what you have said, so he will have another opportunity to stake his claim.
The Appeal Court is not as closed as many believe. It’s their responsibility to display fairness & equality to all.
Everybody that is accused of an offence has an equal right to fair justice. Regardless of the allegations being made.
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@Paul
Regarding Rex’s comments – The appeal is an appeal of sentance, not an appeal of judgement. Apparently the time has now passed for an appeal of judgement.
I’ll try to answer your questions:
Q: There appears to be a breakdown in communication somewhere in this.
A: Probably! However Rex is right that an appeal will be made, but only of sentance.
Q: Finances, or lack of them, has no relevance where justice is concerned.
A: The case for defence has cost a huge amount of money no idea what the cost to the prosecution has been, but I should imagine equally huge. At some point finances run out. Even if legal aid were granted for an appeal 80% of that would have to be paid back.
Q: The point in law, which you hang everything on, is not one that seeks to convict those who claim to be innocent.
How could that work in all fairness?
A: I don’t know, ‘fairness’ doesn’t seem to have entered into this case much! Sorry, but I’m not sure what you are asking here. The advice from the advocate was that it’s not worth appealing unless there a point of law in question or new evidence comes to light, neither of which seems likely.
Q: I’m sure his advocate would be happy to provide an electronic copy.
A: As far as I can tell the documentation are photocopies, not including of course any images(!), but does include filenames and as Rex states is well over an inch thick.
Q: Has Paul Towers made a request for this?
A: No idea, but I can ask.
Q: There is going to be an appeal, contrary to what you have said, so he will have another opportunity to stake his claim.
A: No he won’t and as I understand it any appeal would have had the Appeal judges (QCs) read the transcripts – it would not be a re-trial, no new evidence entered.
Q: The Appeal Court is not as closed as many believe. It’s their responsibility to display fairness & equality to all.
A: OK, certainly not disputing that.
Q: Everybody that is accused of an offence has an equal right to fair justice. Regardless of the allegations being made.
A: Not disputing that either.
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As there is no new evidence the appeal will not be about the conviction but about the abnormal length of the sentence. Its appears because as a not-guilty man he pleaded not-guilty he has been penalised for doing so after a majority of the jurats in their minds believed he is guilty.
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Rex Towers
It’s all I need to know then. I am stumped as to how an innocent man would roll over & allow a court to label him a Paedophile?
His main concern now appearing to be the length of sentence rather than the false conviction itself. Seems rather odd.
All innocent people who employ the services of an advocate who is having an off week deserve all they get dealt by the system then?
He claims he is not guilty. His advocate is quite senior & arguably well thought of amongst the profession.
If he truly knows within his heart or hearts I’d question the suitability of how the advocate was able to convey the technical aspects of the case.
It won’t the first time a mistake has been made. It won’t be the last either.
People rarely consume a corked bottled of wine & complain about it when the bill arrives.
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Paul
your last posting
“It’s all I need to know then. I am stumped as to how an innocent man would roll over & allow a court to label him a Paedophile?”
Have you read the postings here and the press reports?? – for the umteenth time he has not rolled over as you proclaim – he has ALWAYS pleaded not guilty – the Jurats found him guilty by a majority of six to three. His advocate says that there is no point in appealing conviction because the Guernsey system mitigates against this unless it is a point of law – in this case I would submit this is a case of the Jurats coming to a decision that despite a totally circumstantial set of events – and this was clearly stated by the Judge btw – the case was proved beyond reasonable doubt – three did not agree, neither did the prosecution expert witness and if you had listened to the prosecution advocate building a case on a foundation of straw you would I am sure have been appalled – I was and I was there! It was very clear the many of the Jurats were very confused about the technical jargon used by the advocate, but even he admitted that there was no proof that anyone had downloaded anything, despite his blustering attempts to prove what an expert he was with computers (and that is not an attack that is my interpretation of his attitude and if it comes to that his knowledge base)) – instead he concentrated on destroying the defendent’s character. Even though the defence advocate countered every argument, unfortunately he is a very quiet man and I almost suspect the Jurats were cowed by the bombastic and hectoring approach of the prosecution and his character assassination.
So he cannot appeal against conviction because there is no new point of law – even though an innocent man was found guilty – but he can appeal against a manifestly over severe sentence in comparison with the other cases that have recently progressed through the courts and this he is doing.
You might also not be aware that cost has a major impact on any legal procedures in Guernsey – I know for a fact that the life savings of this unfortunate victim of the legal system, running to many tens of thousands of pounds have already gone in legal fees, his job, accommodation and possessions are gone and his life has been shattered. Perhaps when the appeal on sentence is heard some more about the machinations and behaviour of the original complainant might well surface. Check back on the press reports about her behaviour and actions!
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………..
“Paul
| April 6, 2011 at 2:29 pm
Rex Towers
It’s all I need to know then. I am stumped as to how an innocent man would roll over & allow a court to label him a Paedophile?
His main concern now appearing to be the length of sentence rather than the false conviction itself. Seems rather odd.”
Why does that seem rather odd? Appealing against the false conviction we have been told will not get anywhere because there is no new evidence to provide. We have countless copies of letters that wife of his wrote to the police. Also copies of the letters my niece’s…Paul’s two daughters… wrote to the advocate about what she was doing to them.
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My father sat through every day of the trial. The second day of the trial was taken up almost entirely by the computer forensic expert. The Jurats asked many questions but my father said he could tell by looking at their faces that most of the answers went straight over their heads and they didn’t have a clue what he was talking about.
The end result 6-3 indicates that only 3 really understood the technicalities which gave them enough reasonable doubt to give a not-guilty verdict. One of the Jurats we know to be a recent ‘silver surfer’ so taking computer lessons so you can imagine how much he must have struggled to understand what was being given as evidence.
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I’d be highly suspicious accepting any further advice from an advocate whose services rendered me guilty of a crime I knew only too well I didn’t commit.
Fool me once, shame on you. Fool me twice, shame on me.
I made it clear his advocate is quite senior & arguably well thought of amongst the profession.
That would be my first line of reasoning. The case was such that he failed to convey the technical aspect clearly & concisely.
Advocate Merrien is very thorough in his research. He’s not known for being a bruiser under cross examination. Playing the quietly Clever card has its merits. Brutal onslaughts are exceptionally effective too. Finding a good all-rounder on a small island is difficult.
My advice would be to dismiss everything he’s said. What good has it done so far?
Pursue the appeal against conviction on the grounds that you’ve already highlighted above.
At appeal, the defendant has the right to choose who represents them. Peter Ferbrache or Gordon Dawes would be very worthwhile.
The Appeal Court QCs will be highly proficient. They have the luxury of an aerial view. Every single inconsistency will jump out like a sore thumb.
An appeal advocate has the luxury of time & little pressure.
Those who appeal against sentence are pretty much admitting guilt. He must stand firm & do so against conviction.
As for cost. What’s worse than being labelled a Paedophile?
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h
An appeal with regards to sentence will only focus on whether the length of sentence is reasonable or not.
No weight or mention will be given to the reliability of the evidence at all.
That’s what the appeal against conviction is for.
It’s basically saying he pleaded not guilty. He took a chance which didn’t pay off. He’s been found guilty which he now accepts & come to terms with.
He only feels aggrieved by the length because the similarly convicted sex offender in the cell across received much less for many more offences.
The law does not seek to convict the innocent.
Clear instructions are crucial though.
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Paul
you would be happy to provide the £70,000 plus legal costs can one assume ? – in Guernsey money is what counts not justice.
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@Paul
My head is banging against the wall as I dictate this into my voice recognition software! You think he “took a chance” by pleading not guilty? Why would an innocent man plead guilty?
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@Paul
“He only feels aggrieved by the length because the similarly convicted sex offender in the cell across received much less for many more offences.”
Told you that did he when you visited him? Next time you see him tell him his big brother overseas is thinking of him and if we could swop places I would gladly do so.
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h
Justice, even in Guernsey, is not a preserve of the wealthy.
No, I would not wish to stump up any money.
Why the hell would I?
I have offered a bit of advice out of sympathy. Stating the case does not appear to be clear cut.
70K for an appeal against conviction is a bit on the rich side too.
You’d have every advocate waiting patiently in line, grinning like Cheshire cats, for those cases.
He is entitled to legal aid. Who, or what, is paying for the appeal against sentence?
Rex Towers
You say:
Why would an innocent man plead guilty?
So, why would an innocent man accept guilt by appealing against the length of any sentence?
The conviction should be his only concern.
Justice is in place to protect the innocent.
Mistakes can & do happen. They always will in every aspect of life.
I have never met or heard of your brother either.
The best advice he could be given is to have a chat with Peter Ferbrache or Gordon Dawes.
Money is no barrier. Especially where the Appeal Court is concerned.
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“h
| April 7, 2011 at 3:18 pm
Paul
you would be happy to provide the £70,000 plus legal costs can one assume ?”
By the time the appeal is over that figure is likely to be over 6-figures and the only ones to come out smiling after all this will be the l*w*e*s… win or lose for their client they still get their extortionate fees and innocent men end up with empty bank accounts and their lives ruined.
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Paul
Of coure one appreciates the sympathy and advice given but when it comes to costs you are simply wrong – the guesstimate of £70K is actual conservative, please remember that advocates fees are several hundred pounds per hour and that legal aid is a loan that has to be paid back – this from someone who has already lost all his savings on the initial case expenses. I have not heard of any pro bono offers from the legal profession even though this prosecution is riddled with inconsistencies.
Put simply the legal profession in Guernsey IS money fixated and no money no justice would be a fair summation I would submit.
In reality the appeal against sentence will hopefully identify so many questions not so far answered that the legal authorities might be forced to re-examine this whole sorry mess.
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h
The appeal against sentence is an acceptance of guilt. It looks into the length of sentence. Nothing more.
An appeal against conviction is the only way an innocent defendant, found guilty at trial, is able to clear their name.
Why is this so difficult for you to comprehend?
Lack of funds does not seek to convict the innocent.
Those who know within their heart of hearts don’t compare tariffs with others. Simply because any tariff is unjust.
Money would not be the prime concern for most when the label of Paedophile hangs over them.
One can’t put a price on a good name.
He needs to seek the advice of another advocate.
It’s fair for one to deduce he is in fact guilty unless he takes the steps open to him to prove otherwise.
I’m well aware of the hell hath no fury like a woman scorned element.
It may be the case that evidence tendered by the prosecution would be challenged by a more aggressive defence.
There are numerous possible outcomes. Ranging from the conviction quashed to a retrial.
If he rolls over & accepts the outcome on the advice he’s been given it’s fair for the label & stigma to follow him around for the rest of his life.
I have made it very clear for you.
Others treat you the way you allow them to in life.
Those that feel wronged need to speak up. Not complain about the severity of the punishment.
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Paul
You say “It’s fair for one to deduce he is in fact guilty unless he takes the steps open to him to prove otherwise”.
As you appear to have inside knowledge of this case what are these steps?
From the comments of others there doesn’t seem to be grounds for an appeal against conviction, as that would require fresh evidence to be put.
The only possibility of appeal, in the absence of fresh evidence, is an appeal against conviction. This does not imply acceptance of guilt.
The 6 to 3 majority conviction itself suggests that Guernsey should have a right to appeal against conviction, regardless of fresh evidence being or not being available.
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Stephen John
Just a little pedantic point – The only possibility of appeal, in the absence of fresh evidence, is an appeal against conviction.
I think you mean an appeal against sentence?
Paul – no point in repeating the points as you obviously either are not reading them or are not understanding the situation.
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Hugo asks “Just a little pedantic point – The only possibility of appeal, in the absence of fresh evidence, is an appeal against conviction.
I think you mean an appeal against sentence?”
Yes. I meant appeal against sentence.
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Stephen John
I fail to see how anything new or fresh could be identified until independent impartial eyes have viewed the case material.
It’s the reason why I asked if an electronic copy is available.
The defence advocate is bound to say he can’t see any reason to appeal against conviction.
That would pretty much be an admission of poor service.
How well would an advocate’s career pan out if a large number of clients pleaded not guilty but were released only after appealing against conviction?
Would you want to employ such an individual?
The prosecution have achieved their objective. They’re happy. Life goes on for everybody else too.
The whole system doesn’t like to show its failures. It’s far from perfect. They do happen. It’s down to the those that’re wronged to show this.
I have absolutely no insider knowledge of this case. Don’t know where you have gathered this from?
I only know what’s been in the media.
I fail to see how the owner or user of a vehicle can be guilty unless it’s proved beyond reasonable doubt they’re aware an offence has, is or about to be committed.
A taxi driver doesn’t get charged because his passenger has drugs in his or her suitcase.
The PC is no different.
It’s not made easy for those wishing to appeal against conviction. Those that are wronged tend to stick to their guns though.
Once one appeals against sentence they are what they have been accused of in the eyes of the law & the people.
Regardless of how they feel.
If he knows he’s innocent it’s crucial for him to go for the conviction. There’s no other option available.
There is little else that can be said.
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“It’s not made easy for those wishing to appeal against conviction. Those that are wronged tend to stick to their guns though.”
But he is sticking to his guns and continues to profess his innocence but has been advised it is pointless appealing against the conviction because there is no new evidence .
If he appeals against the conviction it will just cost more money and the outcome will be the same.
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Rex Towers
This is advice from the same advocate whose services has placed him in this mess.
Fool me once, shame on you. Fool me twice, shame on me.
A new independent impartial view is the only way forward from this point.
If he appeals against the length of sentence he is a Paedophile in the eyes of the law & the people. There will never be another opportunity to change that.
There’e no two ways about it. The unjust conviction is the only way to address the issue of righting the wrong here.
The justice system rarely makes the same mistakes twice.
That alone should give him the confidence to know things will work out but may take a little time.
It could easily be the case that a fresh look reveals things that have been originally overlooked. His appeal advocate may find it prudent to apply for release until the appeal has been heard.
That would be very rare. Not impossible though.
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