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Joint Enterprise


imhim

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But fam JE is about more than that, its about rooting out the events that led to the actual crime and then charging those people too for the crime.

If you line up man for a murder & then you get on a plane & the murder happens two days later while your sipping strawberry daiquiri's by a pool, they still want you. Now that fine if your actually guilty of doing that, however they way they using it they saying well we can't be bothered to do actual police work, so you prove to us your innocent...

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And I think there is a lot of naivity in this thread, unless you have been in court and were present at certain situations / saw the evidence it ain't about trusting what comes out a mans mout when he is trying to stay out of jail.

I have been a defendant in a JE murder trail at the Old Bailey.

My cousin who was 15 years old at the time who spoke to me on the phone for 1 minute 33 seconds in a 4 hour period was placed in his house by multiple witnesses and mobile phone evidence at the time of the murder. These are facts that were accepted by the prosecution QC.

He was first on the indictment, I was second and another of my cousins third.

There was no forensic evidence, witness identification or CCTV connecting any of us with the murder and none of us knew the victim.

This is not some chinese whispers scenario this is shit I've been through and come out the other side the way they are using the JE murder law in this country is a joke.

Finally, someone who has actually been in this situation.

Did you or any of your cousins do time for this?

Trial was 2 months the jury unanimously found us all not guilty in 1 day but we spent close to a year and a half on remand and a year before that on bail with dumb conditions.

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Lol forget what?

How police try pin something on me if I have proof of where I was?

Youre not listening

My cousin was in his yard.

5 witnesses placed my cousin in his yard

Mobile phone evidence placed my cousin in his yard.

CCTV showed my cousin going to his yard.

The prosecution silk accepted he was in his yard.

They still charged him for murder and put him 1st on the indictment.

The way JE works you could go jail for life for sellin man a t-shirt because JE means they can use 6 degrees of separation to link you with a motive, suspect or victim.

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toney allow it man

lol its annoying me just reading your stupidness

Explain what you have a problem with.

murder charge should be for MURDER is what people are saying

sounds like you are saying that regardless people should be smarter than to associate with x y and z

but that is irrelevant in this case because the point still stands a murder charge is for murder

guilty of stupidity/negligence/foolishness does not equal that of a murderer

that is where I'm having problems following the words of some people who say 'good, shouldn't associate with them people anyway'

the way JE is being used suggest lazy police work where they just sweep shit under the carpet and the poor into jail, why do you support this?

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Lol forget what?

How police try pin something on me if I have proof of where I was?

Youre not listening

My cousin was in his yard.

5 witnesses placed my cousin in his yard

Mobile phone evidence placed my cousin in his yard.

CCTV showed my cousin going to his yard.

The prosecution silk accepted he was in his yard.

They still charged him for murder and put him 1st on the indictment.

The way JE works you could go jail for life for sellin man a t-shirt because JE means they can use 6 degrees of separation to link you with a motive, suspect or victim.

I don't know the particulars of the case so can't speak on it too much, I thought I knew the case you were talking about for a minute.

It's a shame obviously that they had you on remand and I would go for compensation but the legal system ultimately worked because you weren't sent down for life.

All the evidence worked in your favour.

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toney allow it man

lol its annoying me just reading your stupidness

Explain what you have a problem with.

murder charge should be for MURDER is what people are saying

sounds like you are saying that regardless people should be smarter than to associate with x y and z

but that is irrelevant in this case because the point still stands a murder charge is for murder

guilty of stupidity/negligence/foolishness does not equal that of a murderer

that is where I'm having problems following the words of some people who say 'good, shouldn't associate with them people anyway'

the way JE is being used suggest lazy police work where they just sweep shit under the carpet and the poor into jail, why do you support this?

But JE isn't only about murder.

That is why I'm not particularly interested in getting drawn into a debate on sentences.

The issue for me is the conviction.

I'm not saying "good, serves them right"

I'm saying "don't get convicted in the 1st place"

If you roll with certain people who do dirt and they need an alibi they won't pet to ring you for it, they don't care if you got kids or whatever.

If they do dirt and then ring you then it's peak, you are now implicated in what they have done.

There are various scenarios but in a lot of cases it's the same recurring theme I'm hearing, people dragging others down with them.

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Even though you still don't get it I'll c/s the part about ppl dragging each other down with them.

When shit really hits the fan, ppl you thought would back you/who you thought were your tight ppls/who you expected to do the right thing usually switch up & it's a dog eat dog ting even best friends become strangers.

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Even though you still don't get it I'll c/s the part about ppl dragging each other down with them.

When shit really hits the fan, ppl you thought would back you/who you thought were your tight ppls/who you expected to do the right thing usually switch up & it's a dog eat dog ting even best friends become strangers.

C/S

I used to hear people say this all the time, never took notice of it - untill it happened to me. When your a teen/eary twenties you think your boys are gona be there throughout your whole life. All it takes is one case, one girl, money or suttin like that for the realness to come out the shell

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  • 2 weeks later...

I was just sent this a few days ago by an organisation I'm working with in the fight against JE reform, it's abit of a read but worth it.

Fresh Evidence? Not in this Court!

Sheffield men denied retrial despite having evidence that could clear them

10 December 2011

Nigel Junior Ramsey, Denzil Ramsey, Levan Menzies and Michael Chattoo were convicted on 7 August 2009 of the murder of Tarek Chaiboub, who was killed when a sawn off shotgun was discharged at him in broad daylight on Spital Hill, Sheffield, on 11 July 2008.

Although Nigel Ramsey was in prison at the time, he was said to have ordered the killing using a mobile phone that had been smuggled in to him. There was no evidence to prove that any of the four had pulled the trigger, so all were linked to the killing through use of the joint enterprise law.

The four were said to be members of an ‘S3 postcode’ gang. They were alleged to be also responsible for a previous assault on Chaiboub carried out on 6 July, to which another defendant, Javan Galloway, pleaded guilty.

The four charged with murder were put on trial first, and two other individuals, Daud Ahmed and Abdi Rahman Ali, who were alleged to have assisted Denzil Ramsey with disposing of the weapon, were charged with perverting the course of justice and tried separately after the four were convicted.

A shotgun found hidden nearby in Osgathorpe Park was claimed by the police to be the weapon used in the murder, who linked it to all the defendants in both trials. The police commissioned Dr Robinson, a firearms expert, to examine the gun, and on the basis of his report, the prosecution were able to claim that this was the murder weapon. The four charged with murder commissioned their own firearms expert, Mr Dyson, to examine the evidence, but his findings gave their lawyers no grounds to challenge the prosecution evidence concerning the gun.

The only other evidence was that of mobile phone calls made between the defendants (although there is no record of what was said in any of the calls).

At the second trial, the other defendants commissioned a different firearms expert, Geoffrey Arnold, who said that the experts in the first trial had not done their work properly. As a result, they had missed opportunities that could have proved whether the gun was or was not the weapon used to kill the victim.

In addition, Mr Arnold found evidence sufficient to enable him to conclude that it was unlikely that it was the murder weapon. It had almost certainly not been discharged since the barrel had been sawn off, before the murder. Following his evidence at the second trial, the jury found the defendants Daud Ahmed and Abdi Rahman Ali not guilty.

The mother of two of the defendants in the murder trial attended the second trial. Hearing that a key item of prosecution evidence had been discredited, she informed her sons’ lawyers. They commissioned a further report from the defence expert used in the second trial, and lodged an appeal with the Court of Appeal. This appeal was heard on 8-9 December 2011 by judges Aiken, King and Stephens.

The appeal was entirely concerned with argument about whether the evidence of the defence expert from the second trial would count as fresh evidence. ‘Fresh evidence’, for the purposes of a criminal appeal, is evidence that was not available to the defence at the trial. Appeal court judges do not want their court to waste its time with hearing expert evidence that defence lawyers could have obtained, but failed to obtain at trials. They asked: was the evidence offered by the second expert genuinely fresh, or merely an opinion which differed from that of the first defence expert?

The judges did not call Mr Arnold so as to hear direct from him whether or not his evidence was fresh. They simply decided that the evidence was not ‘fresh’, and so the appeals were dismissed. They will give their reasons at a later date.

The families of Nigel and Denzil Ramsey, Levan Menzies and Michael Chattoo were outraged at what seems to be a gross injustice. At the later trial, exactly the same prosecution evidence that had been used to convict the four of murder had been discredited by a competent expert so that a jury could not find the defendants guilty. Surely they would be entitled to have this same evidence put before a new jury in a retrial of their case?

They had not had the chance at their own trial to use evidence that the prosecution expert had not followed established scientific procedures and as a result deprived them of the chance to prove that the gun shown to the jury could not have been the murder weapon.

Further, the jury that tried them had not had the chance to hear evidence showing the gun was unlikely to have been the murder weapon, nor did they have the guidance of a competent expert who could explain clearly why even the evidence produced by the prosecution showed that the gun was not the murder weapon.

For example: when a shotgun is fired, plastic wadding is discharged along with metal shot. Usually marks (striations) are made on the wadding which are characteristic of the particular gun that fires them. The wadding found on the victim showed no striations. But the wadding from a whole series of test firings by the prosecution expert showed consistent striations. This gun always left these particular marks. So it is highly unlikely that the wadding found on the victim was discharged by the gun exhibited at the murder trial.

Lord Justice Sir Richard John Pearson Aikens told us that the Court had decided not to admit this evidence on grounds of “expediency and justice”. “Expediency” is clear enough: their lordships do not want their valuable time taken up with appeals based on expert evidence. But “justice”? We are unable to see where anything we could recognise as justice comes into their considerations.

And if the four lads from Burngreave jailed with minimum terms of 20 – 35 years conclude that justice has been denied them and maybe put forever beyond their reach, we could not contradict them.

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  • 1 month later...

A new, less complex law on gang-related killings is needed to ensure justice for victims and defendants, MPs say.

The Commons Justice Select Committee said a change in the law in England and Wales would also cut appeals.

"Joint enterprise" allows groups or gangs to be charged with murder, even if one person delivered the fatal blow.

Ahead of any legislation, the director of public prosecutions has agreed to issue new guidelines on the level of involvement needed for a murder charge.

The MPs' committee said the law surrounding gang murder cases was now so complicated that juries "may find it impossible to understand how to reach the right verdict".

Its report said a new law was needed to ensure justice and end the high number of appeals against convictions.

In the meantime prosecutors should urgently be given new guidance in joint enterprise cases, particularly those involving gang-related killings, the MPs said, to help clarify the situation before a new law can be brought in.

'Clear and unforgiving'

The legal principle of joint enterprise - through which two men were convicted earlier this month of the 1993 murder of black teenager Stephen Lawrence - means that entire groups or gangs can be charged with murder, even if only one person carried out the killing.

In December, five teenagers were given sentences of detention for killing 15-year-old Zac Olumegbon, who was stabbed to death as he arrived at school in West Norwood, south London, in July 2010.

Speaking after the case, Det Ch Insp John McFarlane said: "This case must act as a deterrent to other young people who think they will not be prosecuted or go to prison just because they did not deliver the fatal blow.

"The law on joint enterprise is clear and unforgiving - if you are with the knifeman in a murder case you too could be found guilty and sent to prison."

Jordan Towers was jailed for life in 2007 after being convicted of murder under joint enterprise.

He was one of three youths involved in the stabbing murder of a young father on Wearside but his sister, Ashleigh, says he thought he was witnessing a fight.

"I think it should be tightened up for secondary parties in spontaneous joint enterprises," Ashleigh Towers told BBC Breakfast.

"You can't foresee a spontaneous situation arising - so you shouldn't be held responsible for that situation, if you don't play any part in it.

"I think everybody should be held for their own actions only, not somebody else's actions."

Her brother, Jordan, was convicted after a young father was stabbed to death A statement from the family of the victim in the case, given to Breakfast, said: "Life should mean life."

'Evidence of involvement'

Sir Alan Beith, the justice committee's chairman, said: "This area of law is vital to ensuring the prosecution and conviction of criminals involved in gang-related violence in particular, but is now so complex that juries may find it impossible to understand how to reach the right verdict."

He said that while joint enterprise could help deter young people from becoming involved in gangs, "confusion over the law and how it works can put vital witnesses in fear of coming forward, allowing the real criminals to escape justice".

The committee called on Director of Public Prosecutions Keir Starmer QC to issue urgent guidance setting out "the proper threshold at which association potentially becomes evidence of involvement in crime".

Last month, the most senior judge in England and Wales expressed concerns over joint enterprise prosecutions.

The Lord Chief Justice Lord Judge said: "It is one thing to be party to punching somebody, quite another to be party to using a potentially lethal weapon on them."

Mr Starmer has agreed to produce the guidelines, which he said would advise on the "proper threshold at which association potentially becomes evidence of criminality".

"This exercise will be done through consultation, with interested parties, on draft guidance in due course, and as with all CPS guidance it will be kept under review," he added.

"The CPS will also now consult with the Ministry of Justice on the best way forward for collating statistics around cases involving joint enterprise."

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  • 1 month later...

I attended a JE reform meeting with Jeremy Corbyn MP (Member of Justice Committee) & the anti-JE group I'm working with yesterday at the Houses Of Commons. It was a very positive & productive meeting and I believe his going to fight for the cause.

We working on guidelines which Jeremy will submit to the committee so if any of you have anything you want to add on ways the law can be reformed holla.

If anyone wants to read the Justice Committee report on JE:

http://www.tsoshop.co.uk/productimages/default.aspx?ISBN=9780215040589&FORMAT=3

Jeremy goes in for the cause trust me. There some free ones at the HOC or via your MP I believe.

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it just mean watch who you jam around dont ivolve yourself with the wrong crowd and if you ever happen to witness a murder and u know the people who did you better tell police quicktime looooooooooooooooooooooooooool for they do you for murder as well thats um bullshit law but it makes sense ever so slightly

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  • 3 months later...

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