falsely accused of sexual assualt

[LS]

http://webarchive.nationalarchives.g...ults/index.htm

[Rights Fighter]

But my partner isnt denying that someone did it - it just wasnt him.

We are appealing but do not have 100 % faith in our solicitor as we do not think he fought at all for my partner to be acquitted. There were only 3 witnesses i) girl - who could not identify his face but said it was a jumper similar to the one he was wearing (a common v-neck) but she said it was purple - his was blue ii) independant witness - who couldnt identify his face but again similar jumper and iii) girls boyfriend - who saw nothing, but girl told him about it afterwards and he identified that my partners jumper did belong to the person being questioned by police after the incident (obviously as it WAS my partner who was charged)
So where was the evidence?

I can't help with Scots law but I do know that some appeals here in England have succeeded on similar identification issues. I would think that your solicitor/barrister who is heading up the appeal would be aware of those cases and will make good use of them, that is, if they are admissible in Scots Court of Appeal.

[witsend]

lisa. glad you found your way here, people will be able to advise you where possible and offer that elusive shoulder to cry on. I have no understanding of the legal system, others seem to have some knowledge. Please keep coming back here as most of us have been in similar situations and may be able to offer some support. thinking of you and yours

[Rights Fighter]

His lawyer has found grounds for a appeal but trying to get a hold of him is impossible as he is busy with his property law - would ideally look for another lawyer but aparently that isnt ideal either at this stage in the game !?

Are you saying that he had a lawyer specialising in commercial law defending him? Ye gods!

It is possible to appeal out of time and it's not that difficult if a proper chronology and argument can be formulated.

Find out for certain exactly where this alleged application for appeal against conviction stands because you really do need to use a solicitor who specialises in this field.

If the current sol will not talk to you then you can ask a specialist to contact him/her to clarify matters.

It sounds to me like the trial sol stuffed up big time - hence the prevarication.

[lisa]

hi there everyone thank you for your continuing report

Well we have sought other legal advise (2 solicitors) and they seem to think our main problem was our solicitor - they were stunned that my partner was never told he could take the stand and give his say, and basically said in a round about way that if he had had proper legal representation then there is no way he would have been found guilty! So on Tuesday we just have to pray that he gets a light sentence and then hope there are ground to appeal - but with a new solicitor! Quick question but what sort of things would we have to look for in order to secure an appeal? We may even have a witness for partner who saw him coming back from toilet when the incident was supposed to have taken place - and saw nothing ! just partner walking over to join her and colleagues at bar! would this help?

[Rights Fighter]

Without knowing the details I cannot answer that. You cannot post them up here because members of the public can read this forum.

[goldfish]

Hi Lisa

you must be so angry and frustrated with your original solicitor. A new solicitor/Advocate with good experience will know how to deal with your partners case and know how the appeal system works in Scotland. Solicitors in Scotland can work with precognition officers who can go round and give informal interviews with people who may be relevant to a defence case, so pass on the information about this new witness. I hope things work out for you and your partner.

[lisa]

Thank you yes I will do that, hopefully all goes ok 2moro he is getting sentenced at 9.30am I just pray he doesnt get sent to prison I dont think any of us could handle that

[RFLH]

Has anyone mentioned 'the nasty bag' to you? Looking on the bleak side, make sure he takes a bag with toothbush, toothpaste, soap, writing paper, stamps, envelopes and cash (notes) biro, razor, deodorant, shampoo, cigarettes (if used). Some things may be taken away from him - most prisons are different.

I daresay someone will come along soon and add to list of things.

Lets hope it won't be needed.

[Saffron]

Good mention by RFLH. I know it sounds gloomy, but if he is sent down it will make a huge difference if he has a few home comforts.

Make sure that the stuff he takes is new and unopened - sealed. Most prisons won't allow half-used toothpaste/open packs of cigarettes/shower gel etc.
I would recommend he takes some ciggies or baccy & rolling papers even if he doesn't smoke. Currency, you see. Money is also very important, otherwise he won't be able to buy anything until you have made a deposit into his account. A fresh set of underwear and sock is also important. Most prisons don't supply such items unless they have to, and there is no uniform dished out unless you are very naughty and have to wear the orange overalls.

As RFLH said, every prison is different, and he may not be allowed some of these things. If he is not allowed them they will be held for him until release.

Sorry if that sounds gloomy. R refused point blank to take a "nasty bag" and it was over a week before he could buy razors, shaving foam, tobacco, writing paper or stamps.

Let us know what happens. If you want advice on the procedures of prisons, we can give you a general idea.

Thinking of you x

[RFLH]

http://www.hmprisonservice.gov.uk/pr...risonoperates/

[witsend]

not really a lot I can say other than you will be in my thoughts at this very difficult time.

[Rights Fighter]

Also an address book (no sharp corners or metal in it) so you can contact people once you are there. Some people remain incommunicado for days because they didn't think to take in supporters' contact details.

[lisa]

Just thought I would let you all know that my partner was given 12 months probation (12 months on register) and 100 hours community service, due to his impressive charcter references and the fact that he has never been in trouble before. A lot better than I had imagined, but alas he will still be sacked from his work as he is on the register and wont be allowed to work in his industry for a year I expect we will now have to claim benefits!? But at least he came home !

[Rights Fighter]

There's now't to stop him trying to appeal the conviction now.