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The Sports Desk / Re: Barry Cable Learns his fate
Last post by DJC -
Quote from: shawny – on
Quote from: DJC – on
Judge Bowden said "While I generally accept [her] evidence and have found that Mr Cable has the tendency alleged and I consider it more probable than not that she is telling the truth, I am not persuaded of guilt beyond reasonable doubt in respect of any count on the indictment."

To find Cable not guilty without discussing the difficulties both prosecution and defence had in presenting evidence and without mentioning the apparent truthfulness of the victim's testimony would have left her with a reputation as a liar.

The phrase "the tendency alleged" is in reference to a judge finding in a 2023 civil action that Cable had abused the plaintiff when she was a child.

Judge Bowden is basically saying that Cable probably did abuse the victim but the evidence is insufficient to prove the case beyond reasonable doubt.  By doing so, he is discharging his responsibilities to both the defendant and the alleged victim.




Still like a bit unfair. What is he basing his opinion on when he says 'its more probable then not she is telling the truth' if there isn't the evidence to prove it? Is that just his opinion?

Sounds like the AFL finding Butters guilty cause the umpire say i heard him say it.

I'm all for tougher judges and sentencing but there needs to be the evidence first to find them guilty or all you have is a testamony which is just a person's version of events isn't it.

I may be missing something but i think he should not comment if the accused is found not guilty.

Yes it is the judge's opinion; his job is to form an opinion, based on the evidence presented, as to guilt or innocence.  It was a trail by judge alone so he wasn't directing a jury but determing guilt.  Part of that is assessing the truthfulness of each witness's testimony.  Cable did not take the stand.

The judge has a responsibility to see that all parties are afforded justice ... within the rules.  Commenting on the veracity or otherwise of witnesses, victims, defendants is standard practice.

Cable was found not guilty because of the requirement to prove guilt beyond reasonable doubt.  He lost another child abuse case in a civil action where the burden of proof is not so onerous.  Other women gave evidence of the abuse they suffered as children so there was corroborating evidence, but of a general nature and not of the specific charges.
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The Sports Desk / Re: Barry Cable Learns his fate
Last post by PaulP -
Other women also gave evidence at the trial, alleging similar abuse. The chances of unrelated women coming out of the woodwork making allegations against some old guy nobody outside football really knows, is pretty slim.

https://www.abc.net.au/news/2026-04-20/barry-cable-found-not-guilty-of-sexually-abusing-child/106570596

Unusually for a criminal trial, other women who claimed they they had been sexually abused by Mr Cable when they were children gave evidence.

Mr Cable was not on trial for alleged offending against them.

One of those women had launched a civil action against Mr Cable, which resulted in a judge finding in 2023 that he had abused her when she was a child.

Judge Mark Herron awarded her more than $800,000 in damages, but Mr Cable was bankrupt.
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The Sports Desk / Re: Barry Cable Learns his fate
Last post by shawny -
Quote from: DJC – on
Judge Bowden said "While I generally accept [her] evidence and have found that Mr Cable has the tendency alleged and I consider it more probable than not that she is telling the truth, I am not persuaded of guilt beyond reasonable doubt in respect of any count on the indictment."

To find Cable not guilty without discussing the difficulties both prosecution and defence had in presenting evidence and without mentioning the apparent truthfulness of the victim's testimony would have left her with a reputation as a liar.

The phrase "the tendency alleged" is in reference to a judge finding in a 2023 civil action that Cable had abused the plaintiff when she was a child.

Judge Bowden is basically saying that Cable probably did abuse the victim but the evidence is insufficient to prove the case beyond reasonable doubt.  By doing so, he is discharging his responsibilities to both the defendant and the alleged victim.




Still like a bit unfair. What is he basing his opinion on when he says 'its more probable then not she is telling the truth' if there isn't the evidence to prove it? Is that just his opinion?

Sounds like the AFL finding Butters guilty cause the umpire say i heard him say it.

I'm all for tougher judges and sentencing but there needs to be the evidence first to find them guilty or all you have is a testamony which is just a person's version of events isn't it.

I may be missing something but i think he should not comment if the accused is found not guilty.  
7
The Sports Desk / Re: Barry Cable Learns his fate
Last post by DJC -
Judge Bowden said "While I generally accept [her] evidence and have found that Mr Cable has the tendency alleged and I consider it more probable than not that she is telling the truth, I am not persuaded of guilt beyond reasonable doubt in respect of any count on the indictment."

To find Cable not guilty without discussing the difficulties both prosecution and defence had in presenting evidence and without mentioning the apparent truthfulness of the victim's testimony would have left her with a reputation as a liar.

The phrase "the tendency alleged" is in reference to a judge finding in a 2023 civil action that Cable had abused the plaintiff when she was a child.

Judge Bowden is basically saying that Cable probably did abuse the victim but the evidence is insufficient to prove the case beyond reasonable doubt.  By doing so, he is discharging his responsibilities to both the defendant and the alleged victim.