CPO rape conviction quashed

#1
BBC Clicky

A navy chief petty officer found guilty of raping a female colleague on a warship has had his conviction quashed by the Court of Appeal.
Phillip Coates, from Devon, was jailed for five years in March after being found guilty of raping the woman at a barbecue on board a warship at sea.

The 30-year-old had also been dismissed from the service by the court martial panel at Portsmouth's HMS Nelson.

But three judges in London ruled that his conviction was unsafe.
I hope that he can get on with his life now and it does not affect him too much, despite having lost his career.
 
#4
David Healy, press officer for the Commander-in-Chief of the Fleet, said later that the seaman would be reinstated as a result of his conviction being overturned.
like he's ever going to be able to serve within the royal navy again after all this. can you imagine the stick he'd ave to put up, afterall, despite whatever whichever court rules, everybody has their own opinion don't they? now not knowing the man, i don't judge either way as to whether i think he did it or not, but for some strange reason i just can't see this being the case onboard ship. and while it may not be a problem amongst those who percieve him to be innocent, i can see several problems arising from quarters where that isn't the general consensus...
 
#5
How can they retrial him, I thought we still had double jeopardy? This is not simply a case of admin action surely?

Things like this are sooner forgotten if there can be no clear outcome.
 

Mr_Fingerz

LE
Book Reviewer
#6
They can re-try precisely because we have double jeopardy. Presumably the prosecutors have more evidence if they're pressing for a re-trial.
 
#7
green_slime said:
How can they retrial him, I thought we still had double jeopardy? This is not simply a case of admin action surely?

Things like this are sooner forgotten if there can be no clear outcome.
That is what I was thinking, unless there is a loophole in the law?
 
#8
green_slime said:
How can they retrial him, I thought we still had double jeopardy? This is not simply a case of admin action surely?

Things like this are sooner forgotten if there can be no clear outcome.
Irresepective of what night be said on ship, there is a clear outcome-he has been cleared and is innocent of the charges.
 
#12
This is a total cock up! If this guy is innocent of rape and she agrees it was concentual then are the MOD not obliged to either reinstate him or will it be a pay off and an honerable discharge. This sounds more like a "Tim Collins" or "Trusted Mole" screw job.

I feel sorry for the guy as he went throught 2 seperate legal trial a rape and a court martial and neither of them noticed that there may not be a safe conviction.

If there is a re-trial then surely it is a case for forensic evidence against the two differing views from the people who were the room at the time.

So much for "innocent until PROVEN guilty"
 
#13
Conviction found unsafe .Thats seems to imply they still think he is guilty just cant prove it.Hence the retrial .
 
#14
devexwarrior said:
green_slime said:
How can they retrial him, I thought we still had double jeopardy? This is not simply a case of admin action surely?

Things like this are sooner forgotten if there can be no clear outcome.
Irresepective of what night be said on ship, there is a clear outcome-he has been cleared and is innocent of the charges.
he is proper fcuked now either way. sh1t sticks around along time. should have filled her in, or used her head as a doorknocker on the bulkheads.
 
#16
woody said:
Conviction found unsafe .Thats seems to imply they still think he is guilty just cant prove it.Hence the retrial .
I suggest you go away and read up on what the definition of an Unsafe Conviction is before coming out with inaccurate information. :roll:

It basically means one of two things.

a) A witness has lied (allegedly).

OR

b) Evidence given was wrong or inaccurate.

Smooj,

He may not have committed the crime of rape however he is guility of breaching several aspects of the Naval Discipline Act such as

Being drunk onboard and In breach of the 'No touching rule'. Whilst I am relieved that this farce of a case is over, he (and the accuser) have got several questions to answer over their behaviour onboard.
 
B

Biscuits_AB

Guest
#17
Frankly I'm amazed he was ever convicted in the first place. The Prosecution may be 'considering' a retrial but actually having one is not thier decision I'm afraid. They can ask for a new investigation and any 'retrial' decision would be based upon the findings of that investigation.

He will be (if he wants) reinstated to the Service at his held rank and seniority. I agree, that there is a stigma attached to this sort of thing, but that's only due to the small amount of small minded thick c*nts that each of the Services recruits. The majority I believe will let the bloke get on with his life. He is entitled to a level of compensation. You can forget any charges being drawn against his accuser as that will never happen. I doubt that they'll prove that she lied, given that alcohol was a factor in the original case (there's a seperate thread on this somewhere). I doubt there'll be any 're-trial', but evne if there is the premise of innocent until proven guilty remains.
 
#18
Matelot - think one step further. She either was or was not raped. If she was not raped and then claimed she was, then the authorities should look at a prosecution for perverting the course of justice.

I do not know any of the circumstances of this case and do not intend to comment on it further.

As a generality, rape is an awful crime and rapists deserve all they get in terms of a prison sentence. Accusing someone of rape falsley is a crime of almost the same nastiness and should be dealt with equally.
 
#19
mushroom said:
Matelot - think one step further. She either was or was not raped. If she was not raped and then claimed she was, then the authorities should look at a prosecution for perverting the course of justice.

I do not know any of the circumstances of this case and do not intend to comment on it further.

As a generality, rape is an awful crime and rapists deserve all they get in terms of a prison sentence. Accusing someone of rape falsley is a crime of almost the same nastiness and should be dealt with equally.
We both know that's not going to happen unfortunately....
 
#20
Being accused of rape alone is a career ender in the US military... whether your guilty or not. Fellow I knew on Fort Campbell was fully exonerated and the accuser admitted to lying in what amounted to revenge for being disciplined by her squad leader. He never lost stripes but was not allowed to reenlist with the accusation in his record.

Another friend narrowly avoided a bad situation while serving as a drill sergeant at Ft. Jackson. He was the NCO on duty for the evening which required doing rounds in the trainee barracks (male and female.) An encounter with one of the females early on got the warning buzzer going off and he had a female drill sergeant from another company who happened to be on shift come with him while doing the next rounds. Sure enough, the private who's behavior was off kilter was waiting for him bare assed in the laundry room. He let the female NCO handle the situation... had he been alone... well... there is no doubt his career would have ended shortly after that.
 
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