falsely convicted friend

[freedom]

It might be a good idea for the appeal sol to apply for funding for your friend to undergo an IQ test.

Refer the solicitor to:

R v Cash

Neutral Citation No: [2004] EWCA Crim 666

Case No: 2003/00651/B4

Date of Judgement: 26th March 2004.

I've just found the judgment online in the public domain so I can post up the link to it:

http://www.bailii.org/ew/cases/EWCA/Crim/2004/666.html

You need to follow the story relating to Darren Cash (not Michael).




I'll see if I can find any other helpful judgements.

I honestly cannot thank you enough.

[Rights Fighter]

Unfortunately I can't find any other successful appeals relating to people with learning difficulties not being provided with an appropriate adult and then not understanding the proceedings.

Is the appeal sol the same as trial sol or is this a new "team?"

[witsend]

Welcome

Dear freedom.sorry you had to find your way here but hope you will\get the advice and support you and your friend need. We were in a very similar situation, our son, who has learning difficulties, was falsely accused. In his case we were lucky as his case was NFA'd. keep coming back.

[freedom]

Unfortunately I can't find any other successful appeals relating to people with learning difficulties not being provided with an appropriate adult and then not understanding the proceedings.

Is the appeal sol the same as trial sol or is this a new "team?"

My friend's mother spoke with the solictor and she is under the impression he had an appropriate person with him, although this is going to be investigated.

We are using the same sol who has dealt with it from the beginning. Both our sol and barrister are perplexed that my friend could have been found guilty, but still don't have much hope for an appeal.

We only really have that the 2 cases shouldn't have been tried together, that the girls shouldn't have given their statements together, and that no CCTV was collected from the night club sexual assault, which could have ultimately proved my friends innocence.

[freedom]

Dear freedom.sorry you had to find your way here but hope you will\get the advice and support you and your friend need. We were in a very similar situation, our son, who has learning difficulties, was falsely accused. In his case we were lucky as his case was NFA'd. keep coming back.

Thanks for your support, it's all such a nightmare isnt it?

[Rights Fighter]

Nothing is off the record on this forum as it is public - so anybody can view this including the police.

Please do be careful what you post up here.

[freedom]

Nothing is off the record on this forum as it is public - so anybody can view this including the police.

Please do be careful what you post up here.

Apologies, that was silly of me. Thanks for taking it down.

[freedom]

my friend phoned his mum this evening to tell her that he has had a visit from a organisation called "TRIBE" Do you have any info on this?
He has been given a dyslexia test and been asked questions along the lines of whether he felt intimidated by police or bullied. Just wondered if anyone could shed any light on this?
Also he was asked to sign a form, and when he refused he was told it was for his own good. (he ended up signing it, which his barrister is furious about) the form was to consent to ultra violet light being used on his body, im assuming for injuries, but they didn't end up doing it.
If he has already been convicted, then what is going on? Are the courts thinking of re-trialing?
Thanks in advance.

[Rights Fighter]

Try Googling TRIBE and see what happens.

If he's in prison then I would assume (although not sure) that this might be some new way of testing for drugs. Why is his barrister furious? Once the client is convicted then that is the barrister out of the picture unless an appeal is in process and even then, the barrister would not become involved in prison law issues.

Ask him if he means the solicitor, as opposed to barrister. Also you could ask the sol what TRIBE is.

[freedom]

Try Googling TRIBE and see what happens.

If he's in prison then I would assume (although not sure) that this might be some new way of testing for drugs. Why is his barrister furious? Once the client is convicted then that is the barrister out of the picture unless an appeal is in process and even then, the barrister would not become involved in prison law issues.

Ask him if he means the solicitor, as opposed to barrister. Also you could ask the sol what TRIBE is.

Had tried google before i posted, but just not getting anything. His sol is practically uncontactable. He is on legal aid, can he change sols? An appeal has been applied for, so maybe that is why the barrister is upset?

[Rights Fighter]

If an appeal has been applied for then it's not a good idea to change sols now until the result comes back from the Single Judge.

I still can't understand how the barrister for appeal is involved in the prison law matter. maybe your friend has misunderstood something?

[Saffron]

Freedom, I hope you don't think I am being patronising, but a Solicitor is not the same as a Barrister. The Barrister is the one who stands up in court wearing the wig. The Solicitor is the one who prepares the case and is present at interview, bail appearances, etc. A Barrister would not be involved in a prison law situation, it would be a solicitor.

Just thought I would mention it, as many people get confused between the two.

Of course, Barristers are the ones who sign off appeal paperwork (I think I am sure RF will correct me if I'm wrong) so if the TRIBE signature affects the appeal, that would explain why the barrister would be cross.

[Rights Fighter]

my friend phoned his mum this evening to tell her that he has had a visit from a organisation called "TRIBE" Do you have any info on this?
He has been given a dyslexia test and been asked questions along the lines of whether he felt intimidated by police or bullied. Just wondered if anyone could shed any light on this?
Also he was asked to sign a form, and when he refused he was told it was for his own good. (he ended up signing it, which his barrister is furious about) the form was to consent to ultra violet light being used on his body, im assuming for injuries, but they didn't end up doing it.
If he has already been convicted, then what is going on? Are the courts thinking of re-trialing?
Thanks in advance.

Saffron - it doesn't look to me that TRIBE is anything to do with signing a form to me. The way Freedom has written this it looks like TRIBE looks like something to do with a test for dyslexia judging bythe chronology of the way he as written this.

The form looks like his authority for ultra violet light to be used on his body - I have no idea what that is about. Maybe it is a new method of detecting drugs? Sometimes it is used for helping with severe cases of Acne.

To get a re-trial first the convictions must be appealed successfully and quashed, after which a re-trial may be ordered. Is an appeal in process?

[freedom]

Just a continuation on our nightmare. My friend is still incarcerated, and during this time we have continued to monitor social networking sites etc for any evidence that can secure an appeal. I found out that a friend of mine is a mutual friend of the friend who is the "victim" of the rape. ( @the house party). My friend decided to send her a sympathetic email. We have had a reply which is really interesting and encouraging for our defense. Would really like to show someone (or at least give the jist of the email), but obviously realise that this could be read by anyone. Can someone help in private, or is this ok to post if i exclude any specific details?
We have been in touch with our solicitor but she is constantly busy or out of the office and my friend is due to be sentenced on Tuesday. As always, any help appreciated.

[Saffron]

I would be very careful about posting the details on here. You can private message one of the moderators if you would like to, or perhaps give us the bare bones here without any identifying features.
I'm pleased to hear you potentially have some new evidence!