Thursday, 19 May 2011
Not That Anyone's Asked
Not that anyone's asked me but in light of the allegations that DSK organised prostitutes to visit him when staying at hotels in New York I believe it is possible he mistook the maid for a prostitute he'd asked to be sent up to him. If so this would explain the fact, if true, that he was naked when he met the maid and supposedly tried to have sex with her. If this is so then I guess he cannot be guilty of the various charges against him as he will not have had the necessary mens rea (guilty mind). This is a line of defence that I imagine DSK's lawyers will be considering. Being innocent until proven guilty is not a concept the Napoleonic law nations are conversant with but why are the French so exercised by the sight of DSK arrest and remand into custody? The police were satisfied that the maid's allegations and their own investigations were sufficient to indicate that there is a case to answer and the prosecutors were also able to persuade the judge that there was a high enough risk of flight that DSK should be remanded in custody. He will probably be granted bail today though having made certain assurances to the court in addition to the $1 million bail he's posted. Is the French anger at his treatment because despite the Revolution the French always expect their elite (and particularly their socialist elite) to be treated with kid gloves? Have they been offended because the common law treats all that come before its courts the same rather than differently depending on the status of the accused? Give me the common law every day.
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