1st Appeal Lost for Kermit

[Kermit]

Hi everyone, Kermit is really sad at the moment, 2day the court of appeal refused his 1st appeal against the Judge's direction to the jury in Kermits Case.

All the fresh evidence that we produced clearly showing Kermits accuser lied in court on many many questions was not produced to the appeals court and we have been told it must be presented by another defence team as the defence team that defended his case and 1st appeal defended him in 1 way and in order to get the fresh evidence allowed it must be presented by another team, IT MAKES NO SENSE!

We are all Distraught beyond belief, my daughter kermits step daughter is so angry that her dad is still in prison innocent and no one listening!

Does anyone know what we should do next?, i have got another solicitor and Kermit is giving permission by letter 2day for new defence team to take over the case and obtain the files.
Is it 14days from rejection that a person can re submit an appeal to 3 judges or with fresh evidence and appeal coming from a different angle that has 14days after 1st appeal refused? please if you know the answer it will help us understand after a day of, sorry cant even find the right word to say how we all are feeling.

Im on anti depressants that make me sleep all the time, i feel exhausted from sleeping, no appetite, no energy to do anything, and no interest in anything. I brought some flowers and a week later finally had the energy to get the compost and a week after that finally got them planted. I know i should do stuff but its a daily struggle.

Sorry for ranting all x

Kermits fiancee

[Rights Fighter]

Was this the Single Judge who refused it or was it heard before the full court?

It seems you already have instructed a fresh team so there isn't really much I can add. If it was SJ who refused it then you will either have to pay as no funding will be available or you are fortunate enough to have got a sol who will work pro bono. Be prepared for a long wait though as they do pro bono work in between paid work so could take ages.

If it was heard before the full court (renewed application for either leave to appeal or the appeal itself) then this will be a matter for the CCRC. Expect a long wait.

[Saffron]

So sorry to hear the news. I can't add anything to the legal advice side, but wanted to say that you are all in my thoughts.
xx

[edinguy]

So Sorry!

I am so sad to see this thread, another innocent man has to go through hell and for what? To get this conviction rate up! Who cares about the families and the innocent individual who has everything taken from him.

I pray you both stay strong and find a way to get through this nightmare, one day you will be back together and can live your lives the way you were meant to.

[Kermit]

Hi it was a single judge that refused appeal. The appeal by kermits defence team was based on the misdirection of the judge during his trial no fresh evidence was included in the appeal as his solicitor felt it was not enough so never presented it even though they were instructed too.
I have no idea if the new team contacted will get legal aid or pro bono or its going 2 cost an arm & a leg which he does not have. But INNOCENCE is priceless.
No matter how long we have to keep fighting or she will get away with it and the next man she accuses will get the same as Kermit. The other 2 rapes she also claimed but never told the police till forced too...how many more before the police stop her lies ?????

[RFLH]

I'm very sorry to read this Kermit, keep on fighting.

[Saffron]

Kermit's Fiancee
If you think it might help, I am more than happy to write to Kermit again. Is he still at the same "hotel"?

[Rights Fighter]

Hopefully Kermit will be able to fund a renewed application to the court.

I know two people (there will be many more) who applied for the renewal of grounds without a solicitor and somebody attended the hearing on behalf of the applicant saying that there was fresh evidence that was not available at the time of trial.

They applied to the judges for public funding for a solicitor/barrister and they got it - but it needs to be done properly and the "fresh evidence" MUST have been not available at the time of the trial.

If they allow funding and then find out that the evidence WAS available at trial (just not used) then Kermit could be made to serve his time as an appellant again.

[Kermit]

Hi safron Yes he is still at the same Hotel lol thank you that 1 word made me laugh "hotel" better than sadness we all feel right now.
I know he would love a letter from you, He was so happy when you sent the lovely card.
Hope your ok as well? I am not sure what planet im on xxx

[Kermit]

Hi RF

Thank you for that information is gives us some hope that Kermit may get legal aid to pressent the FRESH EVIDENCE. The evidence was only discovered after the trial and was never available before as the police had blocks on both families having any contact and we have data evidence after the trial from her to my daughter with comments that clearly show she lied to the Jury.
I spoke with his legal team today and the appeal was put in on the misdirection of the Judge and the new evidence we found after the trial was not submitted to the appeal as the appeal was based on misdirection. Dont understand it all as we were under the impression it would be added but the solicitor has ignored it.
Just got to wait now till new team take over and Kermit gets instruction on how to go forward and have new appeal put forward in a different way to how 1st appeal was presented and pray that the appeals court see a miscarriage of justice has happened to Kermit and possibly the other lad she has accused of rape as well and a possible 3rd who is unnamed .
I really do appreciate everyone helping it feels so lonely some days and with my disability i cant always get out or have any energy to go out. Our prison cell is bigger than what our men are in but we all share the walls x

[Raptorace]

I'm so sorry to read this update. I do hope you get justice soon

[witsend]

Dear Kermit
The last sentence in your latest thread REALLY struck a chord with me! Never a truer word has been spoken. Sorry i haven't been on here a lot as of late but have had issues with our son and been away for 3 weeks.
I'm so very sorry to hear your latest update, you must all be devastated. From the legal point of view there's nothing else I can really add, but you are all in my thoughts.