Not sure if we will all make it to full trail

[wonderwoman2012]

Really not sure if we can carry on like this.

We were always going to wait for statements to be disclosed and then present are evidence to the cps. The solicitors have never thought this is a good idea because if the cps don't drop case then they know his defense. However we have enough evidence to prove she has reinvented her whole childhood plus mine and my sisters.

Now the lawyers have made him see that the safest option is to go to full trail. I know this is true but they don't see the daily struggle he is going though. He is on two anti depessants and something for post trumatic stress (the arrest I think). He has always been a wine drinker but two bottles a night now easily sometimes three. The lawyers have never met the man we all now and love. I have not seen him in about a year. The man they are talking to is a shadow barely anything like his old self.

We have to start selling off family items to fund lawyers as savings now run out. If we go to full trail I can see I will have to sell my house and down size to cheaper area because his aboard would not sell easily or for enough. Selling the house and moving will mean my children will have to change school and college but what choice do we have. He has helped other people all his life and now he is the one needing help.

I know it is selfish of me to want to risk presenting the evidence before trail but with days to go before next court date and the knifes edge we are all on how will we make it for another year or more.

Not my decision I know. Maybe if these interview tapes had turned up then the lawyers would risk it.

What madness is it when you can't provide evidence to the police/cps to prove your innocents because the might them twist it against you some how?

[whatsgoingon?]

Hi Wonderwoman,
Sorry things are so hard. Do you know if you're entitled to legal aid? Some specialists lawyers do take legal aid clients, ours did in London. It might be worth looking on the specialist solicitor sticky. There may well be alternatives to selling your house
As far as the booze goes, it's hardly surprising that he's gone down that road if he already had a tendancy to drink. Unfortunately alcohol is a terrible depressive and makes a very bad cocktail with prescribed drugs.

He needs to be on the ball and proactive.

Is there any chance that he can be persuaded to reduce his intake or helped to stop?

Which court case is he about to attend?

I sympathise with the situation, I know it's a real rollacoaster. Is there anything you can do to get away from it for a bit? Walks, star-gazing, bird-watching or any other freeby that gets you out into the fresh air and concentrating on something else even for short periods can be a real help.
Take care

[myhome]

good post WGO - with regard to alcohol, the sensation of oblivion is a relief and difficult to give up. Try taking a vitamin b complex for now as well....be strong - it's a hideous situation

[Casehardened]

What a dilemma; you have the evidence to shot the accuser down and are not sure when to use it.....

It may help to think laterally for a moment and look at it from the CPS's side. There are probably a couple of prosecution lawyers working on the case, fairly dispassionately as it's not life or death as it is for him, but like all professionals they are concerned about their standing in their group, promotion, bonuses, etc; i.e. they want to win the case.

In the run up to charging it's a matter of opinion as to whether or not to go to trial, they'll look at the evidence the police have gathered and weigh up their chances, bearing in mind they want a win not a loss. If they do decide on a NFA, then this decision has to be ratified by another independent rape prosecutor, but if they decide to go ahead then this is their own decision.

Thinking this process through, I'm guessing it will cause the CPS lawyers much more professional discomfort having to justify to their superiors why they have decided to discontinue a case once it is listed for trial than just to lose the case in court and so I'm with your solicitors on this one.

Obviously your solicitors will have to submit a defence statement with a broad outline of his proposed defence but if you then also give the minutiae of your defence (i.e. counteracting specific dates and places) I think they will just think well thanks very much, and work on a strategy with their witnesses to overcome these. I think the practice of an 'courtroom ambush' is frowned on a bit by judges nowadays but on the other hand 'keeping your powder dry' is a good adage.

The financial implications are complex; as you are funding the case privately it will obviously cost you far more if the case goes to trial than if it is discontinued and indeed your solicitors will have far more work to do, though I don't think this will impact on their advice; as mentioned before professional reputation, winning rather than losing cases is paramount.

Legal aid is now very grudging given and, unless the claimant is on benefits, will have to be contributed to anyway, but the downside of paying privately is that costs cannot be reclaimed, whatever the result of the case. Possibly he was not eligible or preferred to have a free choice in selecting a solicitor

If paying for the best representation it is counter-productive to impose financial restraints but on the other hand you can hardly hand over a blank cheque; depending how good a rapport you have with your solicitors, is it possible to explain your circumstances and negotiate a maximum figure. After all a firm of solicitors is a business like any other and they may be willing to settle for a known fixed income rather than charge on an ad-hoc hourly basis.

[wonderwoman2012]

whatsgoingon? Thanks for your reply.

He is over legal aid fresh hold. A friend of mine who is a social worker told me when this started. False allergation cases are for people on benefits or the rich. Everyone in the middle with the new legal aid system is stuffed. I don't know about where you live but the legal aid lawyers here are over worked and barely got the time to talk to you out of court.

Had a talk with lawyer yesterday about money and she knows that it is getting tight

Not full trail yet and hopefully that will not happen. Better not say why at court this month because it may make it easy for someone watching threads to find out who we are. I figure I need to shout and scream on hear a bit and so long as I don't say certain thing should be safe.

The being on the ball thing is so true. He keeps telling me if it wasn't for my help building his case and finding information then he would be lost. Nice to get praise but I really need the old him back.

We have legal documents that prove maybe most of her statement is untrue. Then for every one of her witness's we could have 5 are basically better. All of that is wonderful. However he is not going to get that far if this goes on. I am also going to crumble from the weight of it all

[wonderwoman2012]

Hi casehardened

Thank for your input. We did speak to the lawyer about money yesterday. Feel a little more positive about that. Hard for her as up until the resent legal aid changes, her firm mostly worked on legal aid cases. Now I think the don't do legal cases at all.

Think I will always believe at talking to the cps is best. Just the way we are I think. Tell the true and know one can hurt you. Trouble is turns out they will then twist that truth to try and make a good story.

I still believe deep down if I took 2 photos and 1 bit of information I printed off the internet not a person in this country would believe her story. However can't do that so we will see. Photos seem harmless but you would die of shock if you new what they mean/prove. One day when all this is done I will come back and show you all what I mean.

Still no interview tapes!

[myhome]

Nice to get praise but I really need the old him back.

He'll be back when this is all over for you...it'll take time......

I am also going to crumble from the weight of it all

I'm no good with the legal advice on here, but in my work I help people try to look at things in a different way - easier said than done I know. Taking your quote above - it's a statement of what you think is going to happen, so that is what your brain believes. Try saying either of these instead (one is easier than the other!)

"I hope I'm not going to crumble from the weight of it all."

OR

"I'm not going to crumble with the weight of it all."

Both these statements acknowledge how you feel about everything and how it's affecting you. But, if you use either of the 2 suggestions I've made in place of yours, you are giving yourself some positive information that you are going to get through.........hope it works for you....

[wonderwoman2012]

Thank you myhome, you are right. Positive thoughts and all that.
Just getting the pre-court blues maybe.
I think its just if we are feeling like this now how on earth would we cope with a full trial.
Will try to think more positively.
This week I am doing as many good deeds as I can (this thing I have that the more good you do the more that will come back to you).
Can't work that well or we wouldn't be in this mess but at least it keeps me busy (so not thinking).

[Saffron]

Excellent post, Myhome! Thank you.
Wonderwoman, you have already lived up to your moniker. Just hang on a bit longer. You can do it.

[wonderwoman2012]

Saffron:

Moniker - meaning alias name, right?

You are right I do wonder about a lot of things. Have been told before that I think to much. Sadly very true.

Didn't choose the name because of that however. Wonder Woman had a lie detecting lasso.

Have always got a gut feeling about the truth. Even when close to the accuser new deep down when she was lying.

Would have made a signature footnote but new members can't do that.

[wonderwoman2012]

Well its been all go here. Barrister has had us and solicitors running around gathering lots of additional information. We had most of what she wanted but she asked for a few things we where not expecting.

My relative has a meeting with barrister and lawyers on Wednesday. Lawyers have been very wait until full trail to show hand. However the barrister seems to be planning something very different. She is really going to go for it in court this month by the looks of it. Will have to see what is said at meeting but something is being planned for sure.

I think the interview tape not being handed over, along with all the other little breaches of guidelines and procedures has put us in with a real chance to get this stopped.

The police of course are damned if they do and damned if they don't. The evidence is all pointing towards a huge problem for them.

Trying not to get my hopes up to much but this barrister is supposed to be very good on police misplay.

Just going to try to think of it as good both way:

Not going to court would be a life saver for us all

but if we go to court we can get the accuser and two of her witnesses are done for perjury (found something yesterday to prove the second witness is lying )

All the above has helped a lot to get accused in a better frame of mind. Drinking a little less and stopped the diazipam, just taking the anti d.

Looks like a make or break month for us.

[myhome]

Good wishes WW - you certainly have a fighting spirit............

[Saffron]

Hi WW.
Yes, when I say Moniker I mean your forum name. And I mean that you have lived up to it by being a fighter for truth! (when I was little my best friend and I stole her mum's steel napkin rings and out them on our wrists so that we could deflect bullets like Wonder Woman!)
Sounds as though your barrister is on top of things. Well done xx

[Rights Fighter]

whatsgoingon? A friend of mine who is a social worker told me when this started. False allergation cases are for people on benefits or the rich. Everyone in the middle with the new legal aid system is stuffed. I don't know about where you live but the legal aid lawyers here are over worked and barely got the time to talk to you out of court.

Ask the sol whether your man is eligible for funding. SWs are not trained in deciding eligibility for funding for criminal cases!!!!

He may be eligible for funding but might have to make contributions.

Hand over your evidence to the police at your peril. it will be 'lost' or 'mislaid' and of course twisted. A solicitor /. barrister can sometimes take the decision to disclose various bits of defence evidence to the Crown and I have known cases stopped in their tracks pre trial due to this, but it has to be done by an experienced solicitor or counsel - not the client or their supporters as you could inadvertently hand them something that they can 'lose' or twist, as has already been said.

[wonderwoman2012]

He has tried to get legal aid but he is paid to much. Even with him on basic whilst in this country waiting court (he normally works abroad). We went with legal aid solicitor up until after charged but felt the case needs someone with more time. He feels at home with the current solicitors which is the most important thing to us. Got to keep him going.

Being friends with social workers has really helped a lot:

Had social services on my back about him living with us whilst on bail. Let them do there first assessment then told them what they can and can not legally do. Got a nice letter saying no case in less than a month.

They have been highlighting some of the lies the police have told us are procedure and had to put up.

One of my social worker friends I have known since I was 12 years old. Therefore knows the accuser and the accused very well so is a witness to their relationship over the years and certain events.

We could end up with half of are witnesses being a mixture of social workers, teachers, police and lawyers if we go to full trail. Me thinks the cps lawyer will faint.