Firstly, this is not what I believe, I'm simply explaining why the jury came up with different verdicts. No, I'm not choosing to believe McDonalds testimony, there is CCTV footage to show that she went up to McDonald in the street, there is evidence that he went into the hotel, she went back out to get something, then went back i again with no pressure from McDonald, and there is evidence from the porter that she said 'you're not going to leave me are you'. Maybe she didn't know what she was doing, but the jury could see why a reasonable person might think she was ok with the events.On the basis that her evidence is that she can't remember anything after leaving the night club apart from some vague recollection of a kebab shop then there isn't even an indication that she knew she was even going back to a hotel other than McDonalds testimony. You seem willing to believe McDonald's testimony up to the point he said Evans and the girl had consensual sex but you don't believe Evans!
In both of those examples, the men have had more signals than Ched had. Ched had nothing until he walked into that room, and there's no proof he got any indication of consent in the room, which is different to what McDonald had.
Yes there is - I'm not saying I agree with it, I don't, but there is evidence that she was extremely drunk - witness saying so, her falling over, urinating in the street etc, waking up having wet herself the next day and having no memory - and although I wouldn't say that was conclusive evidence, it is at least some evidence that she may have been too drunk to be capable of giving consent - that is what the jury found.There is also no evidence that he didn't get consent from the girl
The defendants said the Evans walked into the room, McDonald stopped having sex with her and Evans started - the defendants didn't claim that Evans talked to her, other the comment about joining in (which is a claim, but not fact, in the eyes of the jury).Where did this 'few seconds' come into evidence?
You're wondering how it's possible that the jury had two different verdicts, and I'm explaining it to you. It's possible that what you say is true, but I've seen no evidence to suggest that it is. The jury know for a fact that there was more than a few seconds between the girl choosing McDonald, and them having sex - they don't know that there was more than a few seconds between Evans walking in on her, and joining in. And the jury didn't believe Evans's testimony.We could also conjecture that she met McDonald and 15 minutes later was having sex with him. Evans got a text that McDonald had a 'girl/bird' and went straight to the hotel, got access to the room and watched them having sex. He could have been watching for 15 minutes with the girl well aware he was there (I suspect the length of time he was watching probably came out in court but we don't know for sure)
I personally think there was doubt, that's not what you and I are debating, we're debating how it's possible for the jury to come up with two verdicts.Thing is, we don't know other than the testimony of Evans and McDonald and that is what allows for the reasonable doubt.