Reply to post: It woz the drink wot did it. Oh, and all that neon, too.

Bad news for WannaCry slayer Marcus Hutchins: Judge rules being young, hungover, and in a strange land doesn't obviate evidence

VulcanV5
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It woz the drink wot did it. Oh, and all that neon, too.

I can see how El Reg is sympathetic to someone rendered vulnerable to unfair legal process in consequence of his / her own behaviour immediately prior. But the defence "I've been totally pissed this week and was suffering a godalmighty hangover when questioned" is pretty feeble even as a plea of mitigation, still less an acceptable defence. The judge has presumably viewed the video recording of the Hutchins interview in order to determine not merely the content of what he said but the physical / mental state he was in at the time he said it, and concluded that nope, Hutchins gave no indication of being confused, hung-over or even boastful. The Miranda issue isn't of itself a major prop to the defence -- though it certainly becomes one when seeking to undermine the credibility of any prosecution witness. As for the recorded telephone conversation transcript, Hutchins has only himself to blame; there's certainly no abuse of process in that transcript being referenced as corroborative evidence.

It's certainly unfair that an individual innocent of any crime -- which Hutchins is, unless and until proved otherwise -- is held in custody for so long in denial of a basic human right (not applicable in the USA, though certainly applicable in Europe) to speedy Justice. But other than that: what's all the fuss about? The judge has behaved as a sensible judge should. The fact that Hutchins has not behaved equally as sensibly is his fault, and no-one else's. Meantime, I guess El Reg's decidedly sympathetic stance towards him will continue on . . .

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