my brothers experience

[jillyanne53]

All,

I am new to this forum but any help or advice is greatly needed.

I was informed approx 5 weeks ago that allegations had been made against me relating to someone in my ex's family. I am going through a very messy divorce and was just about to apply to family court for a residence order for my children but the day after I told my ex wife this a member of her family went to the police.

The allegation that has been made relates to things that apparently happened at least nine years ago. The same person has made an allegation to me before approx two years ago but it was not taken to the police. Instead I told everybody she made the allegation including my employer, I was able to provide this evidence to the police.

I was interviewed under caution but I have never been arrested and I am not on bail. I find this slightly strange considering that not only are the allegations related to a child but also the job in which I do brings me into direct contact with children. The police know this.

I have spoken to the DC on numerous occasions and he has informed me that I will get a decision in the next few days, the case apparently has not gone to the CPS yet, I am obviously hoping it will be NFA'ed.

He did tell me he would be speaking to me after speaking to my ex and the family member, would anyone have any idea why that would be?

Also does anyone also find it strange that I have not been arrested or bailed?

Can cases proceed to court just based on one word against the other. It might also be worth mentioning that the person who has accused me actually didnt even live in the UK back then and continued year after year to travel over to our house and come on holiday with us, this person even lived with us for 18 months only a few years ago.

Any thoughts would be welcome.

two years ago my brother was accused of sexual offences .the accusation was from a relative and was supposed to have happened 24 years ago when my brother was 14 and she was 7.no specific date was provided other than it could have taken place anytime during 1986 to 1987.there was no evidence at all.he was interviewed with no solicitor present,the police did not interview any of my brothers witnesses.
no one in our family took this seriously as it was a ridiculous idea my brother did not have any opportunity to do this crime.anyway he was taken to court,the solicitor we had was useless,the barrister was changed on the first day of the trial and he seemed to know nothing.the jury were not interested in hearing my brothers defence prefering to laugh sleep or generally mess about.basically they had him guilty the minute they saw a grown man and not a 14 year old boy in the dock.the accuser changed her mind a lot of the time about ages dates and what had happened but this did not make any difference to the outcome,that was a guilty verdict.my brother is the nicest man you could meet he would not hurt a fly and we are shocked to the core that he did not get a fair trial.no evidence was needed other than her statement.i am appalled as is my family.all of us and people on the estate where we live fully support my brother and we are trying to appeal.i have complained to everyone i can think of but its like banging my head against a brick wall,you see it also seems in great britain that if you dont have money then you dont get justice,justice does not exist for us .my brother is now serving two years and this low sentence is only because it seemed the judge did not even think he was guilty because of the jury his hands were tied.so please dont bank on justice read up on your rights and ask anyone who may be able to help,because once you are convicted your life will be ruined.my brother is now being asked to attend rehab courses so he does not reoffend he wont do them because he is not guilty so he is also being penalised in prison.i do hope your experience is better than ours and good luck to you.

[Saffron]

Hi Jillyanne

I have posted this as a new thread for you. That way more members will see it and be able to offer support and advice.

I'm so sorry you and your family are suffering this terrible injustice. It is cold comfort to know that you are not alone.

Your brother is absolutely right to refuse any rehab programs the HMP ask him to do. If he does do them he will have to admit guilt, and if he does that then any chance of appeal goes straight out of the window.

If you post up which part of the country you are in (just the county, not the town) one of us may be able to recommend a good solicitor. Have you got the trial transcripts? Did your legal team at the time say what your chances were of an appeal? I completely know what you mean about jurors being asleep and agreeing on a unanimous verdict in order to leave early. We too were the victims of a Friday afternoon jury - 2 were asleep during the judge's summing up. Like you brother, my husband was given a "lenient" sentence (12 months, the CPS wanted him to get 3 years). And like you, we think this is because the judge knew he was innocent.

I am so glad to read that you and your family have lots of support. This is vital for keeping your sanity!

No doubt others will be along soon. In the meantime, welcome.

[quinnb]

Sorry did u say two jurors were sleeping. How the hell is that justice. Surely if u noticed others noticed and nothing was said.
As for refusing courses does that really mean u have to admit guilt to do them. Can you still not do them and maintain innocence.

[Saffron]

Hi Quinnb

Yes, two jurors were asleep during the judge's summing up. My best friend said in a loud voice: "It would help if the jury were awake" but no-one took any notice! This isn't justice.

All convicted Sex Offenders are required to undertake rehab programs. If they refuse it harms their chances of parole, and makes their life in prison tougher (Can't get a job or Enhanced Status - ie: no Playstations, as the tabloids would have you believe!) However if you ever want to apeal it's imperative that you DON'T undertake any of these programs.

My Godmum did jury service a few years ago and was appalled at the apathy and prejudices of some of her fellow jurors. Comments ranged from "Well he must be guilty because he's black" to "I'll just go with the majority because I want to play golf this afternoon". Sick sick sick.

[largactyl1]

Hi Jillyanne just wanted to say Hi, and I'm sorry for your troubles. I can't believe that no-one did anything about the **** jury. You will get lots of help here from people who have been in the same position.

Kind regards
Jen x