How do I start an appeal?

[Saffron]

Hello all

My husband has been home for nearly 5 months now, and we are doing well.

We have discussed the possibility of launching an appeal, and I really do not know where to start. My husband has been released from prison, and his sentence will finally be over in June. His Probation license has already expired.

If his appeal is launched, and the conviction is ruled unsafe, will he automatically face a retrial? If the appeal is unsuccessful, could he be sent back to prison? My husband does not want to face a trial again, and says that he would break down if he had to go through that ordeal again.

We have discovered new evidence that his accuser is a compulsive and attention-seeking liar, and that she has previously fabricated a heart condition to gain sympathy from friends and colleagues. We have someone who is willing to testify as to this.
We also believe that we were very poorly represented at the trial, and although we raised our concerns with our solicitor at the time, no action was taken.

Would these be considered enough fresh evidence to launch an appeal? What would we have to do first? please, if anyone can offer advice I would be very grateful.

Saffron

[Ashley]

Hi Saffron, Hello everyone,

Sorry I have not been around for such a time, very unfair of me to not at least log in from time to time. My life has really moved on in many positive ways, personally, socially and financially.

Ok right now Saffron is asking for advice and I am more than happy to assist if I can. Firstly though I am so glad to hear that you and your husband are together and still in there fighting.

Yes, if the conviction is overturned your husband could face a re-trial. But, there is no way on God's green earth that it will happen if the evidence on which he was convicted is demonstrated to be unreliable. Additionally, he has served his sentence, at least the statutory custodial element. It would not be in the public interest to hold a re-trial in any event.

You have fresh evidence? Here is the test:
Is it fresh in the sense that it could not reasonably have been obtained at the time of trial? If the answer is Yes, move on:
Does it come from a relaible source? If the answer is Yes, move on:
Is it admissable (in law)? If the answer is Yes, move on
Is it evidence that a jury, had they heard it, MAY have led them to take a different view? If the answer is Yes then the Court of Appeal will LIKELY hear the evidence.

The kind of evidence to which you refer seems to me symtomatic of a Personality Disorder. In which case you MUST get expert opinion. I don't know what you have but the expert will need to view the whole picture in terms of the complainant's personality make-up. Medical records are incredibly important in this respect. He must be able to say that, 'on the balance of probabilities, X is subject of Y Disorder which may render X less reliable than the average witness.

Your husband carries the burden of being labelled a sex offender for the rest of his life. Only one thing can change that...............

My very best wishes, Ashley
(I will make sure to keep an eye on this thread)

[Saffron]

Hi Ashley

Glad you are ok, and I am really pleased that you have made so many positive changes in your life.

Thanks for the easy-to-digest breakdown of the appeals process. The decision to appeal will rest entirely with my husband, and at this stage he is feeling together enough to consider it. I am assuming that we would need to find and meet with a solicitor, and then s/he will be explain the process to us.

We still feel incredibly damaged by what has happened to us, but we are working through it.

Interestingly, in your post you have mentioned that my husband will have to live his life labelled as a sex offender. Quite incredibly, the judge said he was not going to place my husband on the SOR. Cold comfort really, and the nature of his "offence" will always be Indecent Assault, but at least that sword is not hanging over our heads.

I hope you will continue to post here, but I do understand entirely that you may wish to move on from reliving this nightmare.

Saffron

[Rights Fighter]

I have yet to see a retrial ordered when somebody has already served his time as your husband has. I've known guys out on parole (rare I know when they are protesting their innocence) who have had their convictions quashed and because their time is served no retrial has been ordered. I've known others who have served half their time and still inside, and no retrial, as they were considered to have served their time. It is "not in the public interest" to retry somebody who has already served their time. Even with the new "double jeopardy" rulings, I don't think this would happen.

Saffron, I think you've introduced yourself to PAFAA forum. If you come back and ask the same question I can answer you there. I work for two appeals solicitors so I can probably direct you to one of them.

RF