evidence

[Rights Fighter]

i cant believe it as its quite clear to me she was on about the accusation when she said i didnt want it to go this far i just wanted my id back whats ur thoughts?

Sol/barrister are probably thinking that it could transpire that she merely didn't want the case to proceed - which doesn't mean the assualt did not occur, just that she doesn't want the hassle of it. HOWEVER............... that fact that she has said "I just wanted my ID back" implies a motive for lying. Possibly they have not thought of that part of it.


Ask the solicitor/barrister to call the witness regardless. If they refuse make a note of it and ask them to sign that they have refused to follow that instruction so that it can be used in the event of a conviction and subsequent appeal.

The witness can clarify what they took it to mean and the complainant can be confronted with it.

[tango]

thank you for your reply if my solicitor sign the note will that guareentee a appeal? i want to keep my team onside however he dont seem overly bothered and that do concern me in a way

[Rights Fighter]

It won't guarantee an appeal no - but at least you will have evidence that they failed to follow an instruction that might have assisted at trial. The threat of that might persuade him to call the witness.

[tango]

i see what your saying but i dnt want to rub him up the wrong way, he is yet to see my other witness tomorrow so i will update you all. im just looking at it frim a jurys point of veiw and that would out doubt in my mind and i feel it relevent. its all recorded on a incident report so have documented evidence from the club she attended

[tango]

just a update my second witness has gone to my solicitor today and have said that the girl also said that she didnt report the crime to police her friend did and she told him not to, she then went on to say she wanted her id back do you think this should be used in court as it shows a motive for lying and if u was raped why would u tell ur mate not to report it? she is heard on the 999 tape saying no i dnt want the police.

[tango]

i cnt believe it even that isnt good enough just feel im getting screwed over big time