Was Frances Andrade's evidence reliable in view of her suicide ?

bluebladeblueblade Posts: 88,859
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Michael Brewer was convicted of sexual offences against Frances Andrade, which supposedly started when she was 14 in 1978.

I have to question the reliability, as a witness, of a person who actually takes their own life as a result of merely being called "a liar and a fantasist". At the end of the day, she surely didn't expect that Brewer would not defend himself via his barrister, true or not.

Combined with the fact that these offences, if they happened, occurred decades ago, and her memories may not be reliable, does make me wonder if this conviction is based on flimsy evidence.

In other words, is it fair to convict someone based on the decades old memories of a person who is clearly mentally disturbed ?

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  • yorkiegalyorkiegal Posts: 18,929
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    If anything, I'd say it makes her evidence even more reliable. To be called a liar and a fantasist if you've been sexually abused has to be incredibly traumatic.
  • bluebladeblueblade Posts: 88,859
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    yorkiegal wrote: »
    If anything, I'd say it makes her evidence even more reliable. To be called a liar and a fantasist if you've been sexually abused has to be incredibly traumatic.

    True, but being accused of rape if you're innocent has to be much more so.

    In any case, surely she was briefed on what to expect by her counsel, and that it was part of the trial process.

    The thing is, why are these things brought up decades after the event ? How can the accusations be considered reliable, when it literally one person's word against another ?
  • tremetreme Posts: 5,445
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    In cases like this, where there is no longer any material or forensic evidence, and probably no third party witnesses, I suppose you are convicted if the jury merely believes the account of the victim.
  • bluebladeblueblade Posts: 88,859
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    treme wrote: »
    In cases like this, where there is no longer any material or forensic evidence, and probably no third party witnesses, I suppose you are convicted if the jury merely believes the account of the victim.

    Thing is that literally anybody could come up a spurious allegation, based on something that supposedly happened 30 to 40 years ago, get their day in court, and see an innocent person they never liked get sent down, simply because they are a convincing story teller.
  • tremetreme Posts: 5,445
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    blueblade wrote: »
    Thing is that literally anybody could come up a spurious allegation, based on something that supposedly happened 30 to 40 years ago, get their day in court, and see an innocent person they never liked get sent down, simply because they are a convincing story teller.

    I suppose. There must be a test for these cases though, such as scrutinising victim accounts for consistency in the detail.
  • yorkiegalyorkiegal Posts: 18,929
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    Most rape accusations never make it as far as a courtroom simply because the odds are stacked against them. The fact that a historical abuse claim not only made it to the court but resulted in two people being found guilty would suggest to me that this was a very strong case.

    She refused the opportunity to give evidence behind a screen because she wanted to face her abusers. Seems to me that Frances finally acheived her aim of being able to tell what happened to her in public and have those who hurt her be held accountable and perhaps suicide was always a plan for her once she'd managed to do this. Just a shame that she wasn't able to hang on long enough to see them found guilty.
  • InkblotInkblot Posts: 26,889
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    It's been made clear that she did not instigate the prosecution and that she was an unwilling witness who was uncomfortable with being forced to testify. Yet she stuck to her story in the face of strong intimidation from the defence counsel. I'd say that strengthens the reliability of her evidence and that to suggest that her suicide somehow weakens it is actually a rather unpleasant accusation.
  • bluebladeblueblade Posts: 88,859
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    Inkblot wrote: »
    It's been made clear that she did not instigate the prosecution and that she was an unwilling witness who was uncomfortable with being forced to testify. Yet she stuck to her story in the face of strong intimidation from the defence counsel. I'd say that strengthens the reliability of her evidence and that to suggest that her suicide somehow weakens it is actually a rather unpleasant accusation.

    Well it's not an accusation, it's a question.

    She was obviously unwell psychologically, yet her evidence of continued molestation has been taken on board as factual. Although I note that Brewer was found not guilty of the rape allegation.
  • InkblotInkblot Posts: 26,889
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    blueblade wrote: »
    Well it's not an accusation, it's a question.

    She was obviously unwell psychologically,

    That is an accusation, not a question. Do you have any evidence to support it? It has been made clear that she found the experience of giving evidence traumatic. Other than that, what mental illness did she have?
  • bluebladeblueblade Posts: 88,859
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    Inkblot wrote: »
    That is an accusation, not a question. Do you have any evidence to support it?

    She committed suicide halfway during the trial.

    That's strongly suggestive of mental illness to me.

    Also the police urged her to delay "therapy" until the end of the trial according to the news this morning.

    The question I'm asking is if, as a result of her suicide, she can be considered a reliable witness.
  • InkblotInkblot Posts: 26,889
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    blueblade wrote: »
    She committed suicide halfway during the trial.

    That's strongly suggestive of mental illness to me.

    OK, maybe I edited my post before you replied. So I'll ask again: other than the traumatic experience of having to give evidence in the trial, did she have any known mental illness? If she did, would it have called her evidence into question? If she didn't, why would her suicide have any relevance to the outcome of the trial?
  • Pisces CloudPisces Cloud Posts: 30,239
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    blueblade wrote: »
    Thing is that literally anybody could come up a spurious allegation, based on something that supposedly happened 30 to 40 years ago, get their day in court, and see an innocent person they never liked get sent down, simply because they are a convincing story teller.

    False allegations are quite rare because not many people would want to go through the system that we have here, which is quite harsh on victims of sex-related crimes. I think they are usually weeded out long before an actual court case.
  • UncleLouUncleLou Posts: 2,078
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    blueblade wrote: »

    The thing is, why are these things brought up decades after the event ?

    That's why rapists are getting worried. They assumed they got away with their crime because it was years ago.
  • bluebladeblueblade Posts: 88,859
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    UncleLou wrote: »
    That's why rapists are getting worried. They assumed they got away with their crime because it was years ago.

    Yeah, but why not bring them up at the time in most cases ?

    Why wait until many years later ?

    (I appreciate the reasons why Frances didn't raise the abuse at the time, and that she was encouraged to do so by a third party, decades later)

    In any case, Michael & Hilary Brewer were cleared of the rape allegation.
  • Evo102Evo102 Posts: 13,630
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    Inkblot wrote: »
    It's been made clear that she did not instigate the prosecution and that she was an unwilling witness who was uncomfortable with being forced to testify. Yet she stuck to her story in the face of strong intimidation from the defence counsel. I'd say that strengthens the reliability of her evidence and that to suggest that her suicide somehow weakens it is actually a rather unpleasant accusation.

    Who did then? How did these allegations come to light?
  • UncleLouUncleLou Posts: 2,078
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    blueblade wrote: »
    Yeah, but why not bring them up at the time in most cases ?

    Why wait until many years later ?

    There is no time limit for cimes; and rape is a crime in the UK.

    Is there something you aren't telling us?
  • bluebladeblueblade Posts: 88,859
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    Evo102 wrote: »
    Who did then? How did these allegations come to light?

    Take a look at this link
    And while the memories of Brewer continued to haunt her, her perspectives changed over time, and she realised Brewer was not a caring man with her best interests at heart, but a pervert who preyed on girls under his tutelage, and her anger grew.

    She confronted him on occasion, once telephoning him and demanding he hand himself in, but never thought of taking her anger down an official channel.

    That job, though, was to be done for her. Returning to teaching the violin, she met Jenevora Williams, a renowned singing teacher for choristers at St Paul’s and Westminster Abbey, and teacher-in-residence for the National Youth Choirs of Great Britain, from where she knew Brewer.

    The pair became good friends but when Mrs Andrade confided in her what he had done all those years ago, Miss Williams took it upon herself to contact the police, saying that Brewer was still working with children and therefore she had a professional duty to report what she knew.

    In doing so, she had unwittingly set a chain of events in motion that were to have a tragic conclusion.

    It still doesn't mean of necessity that the accusations are true.
  • InkblotInkblot Posts: 26,889
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    Evo102 wrote: »
    Who did then? How did these allegations come to light?

    The jury had been told that Andrade had not initiated the police investigation which led to the trial. It was the mother of one of her violin pupils who raised the alarm in 2011, the court heard.

    Andrade told the jury she had been furious at the woman's intervention but agreed to give evidence against Brewer.

    - the Guardian
  • drykiddrykid Posts: 1,510
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    blueblade wrote: »
    Also the police urged her to delay "therapy" until the end of the trial according to the news this morning.
    I saw that too; which I thought was quite shocking if true. Surely the police shouldn't put getting a conviction ahead of the welfare of the victims called to give evidence? Especially in the case of a historical crime like this, where you'd think that re-offending would not be a significant risk even if a guilty person did go free as a result of a witness choosing not to take part.

    EDIT: presumably it would be CPS rather than police who would be advising a witness anyway, once the decision to go to trial had been made?
  • UncleLouUncleLou Posts: 2,078
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    blueblade wrote: »


    It still doesn't mean of necessity that the accusations are true.

    Hmmm: interesting stance you're taking. It doesn't mean that they aren't true either.

    Are you worried about something you have done and think you will get caught?
  • bluebladeblueblade Posts: 88,859
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    UncleLou wrote: »
    There is no time limit for cimes; and rape is a crime in the UK.

    I never said there was. I was simply asking why not bring it up at the time ?

    In many cases the accused will be dead 30 years later
    Is there something you aren't telling us?

    Such as what ?
  • soulboy77soulboy77 Posts: 24,487
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    blueblade wrote: »
    Thing is that literally anybody could come up a spurious allegation, based on something that supposedly happened 30 to 40 years ago, get their day in court, and see an innocent person they never liked get sent down, simply because they are a convincing story teller.
    You would have to be mentally deranged to make spurious allegations of this nature. Where there is a danger though is where someone re-evaluates their sexual relationship years later and convinces themselves that they were being coerced against their will.
  • shackfanshackfan Posts: 15,461
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    blueblade wrote: »
    Yeah, but why not bring them up at the time in most cases ?

    Why wait until many years later ?

    (I appreciate the reasons why Frances didn't raise the abuse at the time, and that she was encouraged to do so by a third party, decades later)

    In any case, Michael & Hilary Brewer were cleared of the rape allegation.

    *cough* Jimmy Saville
  • UncleLouUncleLou Posts: 2,078
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    blueblade wrote: »


    Such as what ?

    Why don't you tell us? You seem worried about rape crimes not having a time limit before someone is charged.
  • bluebladeblueblade Posts: 88,859
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    UncleLou wrote: »
    Hmmm: interesting stance you're taking. It doesn't mean that they aren't true either.

    This is why evidence is so important, and likely to be more easily gathered at the time.
    Are you worried about something you have done and think you will get caught?

    Oh I see ~ just because I raise a topic for debate, I'm suddenly hiding a guilty secret. That it ? :D

    I don't think you should make personal comments towards the individual you disagree with. Not only does it show piss poor debating skills, but it's also off topic.
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