my partners falsely accused by ex wifes daughter

[LS]

Moved from another thread:

hi ya can you help us my partner as just been falsely accused and was sentenced on sept 1st 2011 can you help

hi ya am new on here and desp for some help. i've been with my partner 18 months and its been 18 months of hell cos all way fru our relationship we ave attended police stations for bail, then finally in july a weeks trial in leeds crown court then he was sentenced on sept 1st 2011 at birmingham court and got 8 years. we are all gutted and our lives ave been turned up side down. i just need some one to talk to and get some advice. please

hoochychick

[largactyl1]

Hi there, I'm sorry that you have had to find yourself here. I assume that you need advice on appeals and there are people here who know about such things who are likely to be along later.

I think in order to advise you, you will be more detailed with what happened and what happened at the court case in order to establish any grounds for appeal.

Meanwhile you could contact a prisoner's family support site such as: http://www.prisonersfamilies.org.uk/

[happychappy]

Happychappy

Hi you said he was falsely accused by ex wifes daughter?
I would have thought the conviction/convictions would have needed evidence to be found true or false.And as regards of your appeal this is made more difficult by the type of judge who dealt with the case at crown court the higher the judge the less likely you are to get an appeal.Looking at the lists for birmingham that day the case from Leeds was was judged by LORD JUSTICE BUTTERFIELD.A high court judge.With out more details we would not be able to give true advice on were to turn or get more help

[gem]

falsly accused of rape

hi saw your thread and just had to reply to you ..
my son got 7 years for rape a few weeks ago, and my heart goes out to you .
my son got found guilty with no evidence at all, it was a straight case of her word against his, no dna , she told the police it was sometime in aug 2010 but not sure what day only that it was hot and sunny, but she did remember it was 2oclock in the afternoon . hmmm what i can say is that she lied about how long she had known him .which was proven in court she lied . she lied about what she was wearing .but the judge put that down to trauma . she lied about how she came to meet him . she told the court she met him through a chat room .. again proven to be a lie in court ..she had acually know him for several years as she lived next door to his mate .another lie proven in court .. my son took the stand and told the truth that he hadn,t even had sex with her let alone rape her .. verdict unanimously guilty after 25 mins we were all so upset at the trial all my family
were hysterical at the verdict ..

the girls father even said to my husband he was sorry for us all ... strange coming from a doting father ..

what i can tell you is . never give up your boyfriend is entitled to an appeal it is his right . but going through this process myself i will tell you this .. firstly for an appeal you need to get your written advice of appeal from your boyfriends barrister and if he thinks you could not win an appeal . then find a new defence team .a new solicitor who is an expert with these kind of cases .

that was my sons first mistake. his second was allowing him to use a barrister who never dealt with sex offence cases . you need expert help now . talk to a new solicitor see what he comes up with ..ask him what can be done . was everything done as should have been done by his defence team. did they use all the evidence. for an appeal you will need fresh evidence. any thing that was not used at the trial . did the judge make an error in his summing up . get some background work done on this girl and look for anything you can get on her . friends of friends and keep asking it is amazing what people come up with .

in my sons case we have gathered loads of stuff on his accuser, we now think she is a serial accuser .. so now taking the relevant steps for his appeal, also anything you boyfriend can come up with .tell him to think long and hard is their anything at all that he knows about her that will discredit her that can be used against her , eg has she accused anybody before ..

in our case we have employed a new defence team . we have loads more evidence that we as a family have had to dig for . but it can be done . also appeals are not free. and no legal aid is in place until the new barrister decides you have enough to take to the appeal court .if so then he gives the go ahead and you can then apply for legal aid .if you win the appeal . you can apply for your money back up to now we have paid out around £4000 .for solicitors fees . transcripts of the trial .. barrister fees . doctors fees . weather forecasts for aug 2010, we have left no stone unturned to clear his name. but the work done by your new legal team has to be paid for up front.

in our case we have found out that vital evidence was ommited from the jury .. where the rape was supposed to have taken place . she claimed it was actually on a public footpath full of police dog walkers .also the judge made a serious mistake on his summing up . the accuser claimed he urinated into a bush next to her afterwards . he can.t urinate standing up, as he has severe bladder problems, he has to sit down to urinate . this fact was also dismissed by our legal team when my son told them about it they never done their job right and sent for his medical records and this was a major piece of evidence. so we are now having to get medical reports for the appeal . something that should have been done in the original trial .. sorry this post is a bit long but i know i needed to talk to someone about it . so you are not alone . i don.t profess to be an expert on the appeal process , only telling you what we have had to do. and what we have learnt on this long journey for justice.
hope you get the answers you need from the site, stay focused and strong

[happychappy]

Good advise Gem BUT????

The advise given by gem would be good.But no were in hoochychicks write up dose she say he was sentenced for rape or what he was sentenced for she never says anything about any DNA been or not been found.These are all massave factors in an appeal case.Been in the job of were i come across issues like this i have also seen these appeals go the opposite way and the accused getting extentions onto there original sentence.So i would say be very careful about what advise you take.But once again as myself and other people on this thread have said we do need more information to give you the best advise.

[gem]

good advice.??

firstly happy chappy .. i did say i dont profess to be a qualified advisor . but im having trouble understanding your posts .
yes it is hoochy chicks write up and i was giving supportive advice going through my own experience .and i thought this site was all about falsley accused of rape that is why we are all here arn,t we . so my guess is it was rape he was accused of .. and i never heard of being a high court judge being used at a crown court and even if he was used . that cannot stop an appeal process that would be against the prisoners human rights ..

[happychappy]

I fully agree Gem

But as stated we carnt asoom this persom has been charged with rape from information given by originator of thread.I also am not claiming to be a person to whom is a qualified breif im just mearly staiting facts.On what we can see in this thread.

[Rights Fighter]

Gem said: your boyfriend is entitled to an appeal it is his right

Wrong. There is no automatic right to appeal a conviction (or sentence).

Gem said: also appeals are not free. and no legal aid is in place until the new barrister decides you have enough to take to the appeal court

Wrong - if the client is eligible for public funding then he will receive it. The solicitor applies for "Advice and Assistance" which is a standard fee to review the main aspects of the case right at the very beginning before any barrister is involved. Not all solicitors use barristers to send an application to the CA in any event.

Happy chappy said: i have also seen these appeals go the opposite way and the accused getting extentions onto there original sentence.

This sometimes happens if the Court decides that the application if "frivolous" and completely without merit. This is unlikely to happen if a barrister has submitted the Advice.

[RFLH]

Thanks for clearing those points up RF.

[Rights Fighter]

It seems that Gem has been wrongly advised in relation to funding (unless the client is not eligible, in which case she is right to a certain point) - if leave to appeal is given then an applicaiton for funding can then be put in, under those circumstances.

I have recently assisted in a CCRC application. The client WAS/IS entiteld to public funding but the very expensive solicitor/barrister who prepared the first (failed) attempt to CCRC didn't tell him that. His pensioner parents paid nearly £10K out.

When they got the rejection from the CCRC they contacted me after seeing a short article I had put into the SAFARI newsletters that go into inmates every two months.

The client immediately received Public Funding for the "Advice and Assistance" for a further investigation in to the application to the CCRC and we now await a response from them.

It really angers me that false legal advice is given by those who know better - ie solicitors who either tell the client they are not eligible or worse, don't even bother to ask.

[gem]

right to appeal

just wanted to clear some matters up. my new defence team have told me they cannot get legal aid .because the certificate was awarded to last barrister, who was employed by my son . the new solicitor tried to get it changed over to him before sentence ans was refused by the court . because we are employing doctors for crucial medical evidence.we have to pay for that so he tells us
and the barristers report on his opinion about the evidence .then we can apply for legal aid for the new trial. if he thinks we have enough to take to appeal . also the last barrister has put in his advice on appeal letter that he does not think we have grounds for appeal . but we now have new evidence that needs to be put together by new solicitor.

[Rights Fighter]

just wanted to clear some matters up. my new defence team have told me they cannot get legal aid .because the certificate was awarded to last barrister, who was employed by my son . the new solicitor tried to get it changed over to him before sentence ans was refused by the court .


because we are employing doctors for crucial medical evidence.we have to pay for that so he tells us
and the barristers report on his opinion about the evidence .


then we can apply for legal aid for the new trial. if he thinks we have enough to take to appeal

The solicitor I work for has taken on new cases immediately after the trial as a fresh case and has had no problems obtaining funding where the client is eligible. The appeal solicitor does not apply to get the funding transferred but applies as a fresh case; this one being for appeal and not trial.

In two recent cases the client had been convicted and was still bailed pending sentence. The solicitor I work for took on both appeal matters prior to the sentence hearings and both are publicly funded.


You said:

then we can apply for legal aid for the new trial.

A retrial will only occur if the convictions are quashed after an appeal has been heard.

Most appeals fail although some obviously do succeed. It does not necessarily follow that a retrial will be ordered as it depends on the outcome of the appeal and whether the complainant wishes to go through it all again.

[gem]

appeal

sorry put it wrong their , i meant my new solicitor says we can get legal aid for the appeal, if we have enough to put together. i never meant to put new trial he has told me the further investigations for the appeal does not come covered under the legal aid is that correct . this is not a simple case of just applying for appeal. this is much more complex we have loads of new evidence that was not available at the original trial

[Rights Fighter]

I can only go by what happens when the solicitor I work for takes on a new case after trial.

I know for a fact that he has reviewed several cases for appeal on public funding and any investigations have been covered by public funding. Each part of any investigation has to be argued to the LSC (who provides the funding) and often they refuse, so we go back and argue some more, and eventually get it.

I don't know about every single appeal that the sol I work for has done this year but the ones I have been involved with, are mainly publicly funded. Stacks of work has been done on them - all on public funding.

[gem]

appeal

i will be talking to the new solicitor monday morning i think ..
thanks for your info.