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My Story... (LONG)... Input helpful and I am happy to discuss.
Hi LL1 - hope you were able to have a good holiday.
This does indeed sound complicated but it seems that your team is right on top of everything......hugs.... MH x
"Only love can light the mirror of your soul" - Chris de Burgh
Thanks and yeah, complicated... Will seek answers, I'd have thought plod should have at least formally charged.
As for holidays..... Last year I got assaulted, this year I had my house broken into...................
LoL. I need to STOP trying to relax and have a holiday cause it's majorly stressful!
Last years assault went unreported and this years break-in is equally unreported. Not bad for crime stats when real crimes are committed and yet not reported!
I was literally enjoying my first day away and about to go swimming with the youngster and rest of the party when the phone call came through from my brother. Off up the road and a couple of hours later back at the house. Stealth mode into house and sit and wait... My detective work on the way up the road had narrowed things down, virtually nobody knew I was away so it was pretty narrow to begin with. I had 97% certainty of who the culprit was, this increased to 99% certainty when I caught him red handed in my garden approaching the break-in point and increased to 99.7% after some aggressive questioning.
At the end of the evening it was 100% confirmed thanks to a neighbour who'd caught the wee bugger out.
I sooooooooooooooooooooooooo very nearly brutalized the little guy. He's 18 so not so little but still. He has no idea how long he'd have been in hospital for if I'd went over the edge. I couldn't hit him though as I knew he'd be taking an overly severe beating due to the stresses and strains in relation to the false allegations against me. Something didn't happen that should have happened but it couldn't happen because it'd simply have been wrong.
It's the neighbours son as well and I had just finished installing their new kitchen! They had managed to scrimp and scrape together a holiday for themselves and their little bugger of a boy went and done that. He stirred up other things as well but they don't need to be discussed on here.
His parents were ready for flying home. Some discussion and explanation and play down and they luckily stayed on holiday. I boarded up window and buggered off back down on my holiday. Rest of holiday was surprisingly relaxing.
Thanks and yeah, complicated... Will seek answers, I'd have thought plod should have at least formally charged.
As for holidays..... Last year I got assaulted, this year I had my house broken into...................
LoL. I need to STOP trying to relax and have a holiday cause it's majorly stressful!
Last years assault went unreported and this years break-in is equally unreported. Not bad for crime stats when real crimes are committed and yet not reported!
I was literally enjoying my first day away and about to go swimming with the youngster and rest of the party when the phone call came through from my brother. Off up the road and a couple of hours later back at the house. Stealth mode into house and sit and wait... My detective work on the way up the road had narrowed things down, virtually nobody knew I was away so it was pretty narrow to begin with. I had 97% certainty of who the culprit was, this increased to 99% certainty when I caught him red handed in my garden approaching the break-in point and increased to 99.7% after some aggressive questioning.
At the end of the evening it was 100% confirmed thanks to a neighbour who'd caught the wee bugger out.
I sooooooooooooooooooooooooo very nearly brutalized the little guy. He's 18 so not so little but still. He has no idea how long he'd have been in hospital for if I'd went over the edge. I couldn't hit him though as I knew he'd be taking an overly severe beating due to the stresses and strains in relation to the false allegations against me. Something didn't happen that should have happened but it couldn't happen because it'd simply have been wrong.
It's the neighbours son as well and I had just finished installing their new kitchen! They had managed to scrimp and scrape together a holiday for themselves and their little bugger of a boy went and done that. He stirred up other things as well but they don't need to be discussed on here.
His parents were ready for flying home. Some discussion and explanation and play down and they luckily stayed on holiday. I boarded up window and buggered off back down on my holiday. Rest of holiday was surprisingly relaxing.
Ooooph you sound like you have the same kind of luck as me...NONE!!
I am very glad you kept your temper, it is never the answer to react with violence.
At least the remaining holiday passed without incident!!
Heading into exhaustion so trying to keep what little energy I have for special times.
I am in court on the 2nd of August for the appeal against re-raising proceedings. I was supposed to be in on Friday 26th for a preliminary hearing (beginning of actual court case) but that's been postponed until after the appeal against the raising of the court case..........................
I have thoroughly researched the 're-raising of proceedings' side of things and I actually see little chance of success with the appeal. It's all been a well worn path with some successes and some failures but generally failures these days. I can see how every single case is different with different circumstances so maybe there will be a success in my circumstance.
I am preparing myself for trial. My mind is set on trial. I am ready to invest my energies in a trial. It's approaching 'all or nothing' time.
The bonus of the 'out of time' re-raising of proceedings is that my human rights have been violated. When the rights have been violated it is not necessarily a bar to trial but a remedy is required. The remedies appear to be expedited (more quickly) trial, compensation or reduction on sentencing if found guilty. I can see why the legal team is so happy to go down the route they are as it's win win for me regardless of which way the trial goes. If I'm going to be found guilty then I can seek a reduction in sentencing and if I am acquitted then I can actually legitimately sue!
Expedited trial means nothing to me and is not, in my opinion, in anyway a 'remedy' for me...........
I will attempt to keep stopping by as and when. I've just needed time out and my head's been scrambled.
I do hope it goes well for you on the 2nd & will be thinking of you.....chin up!!!!!
I'm looking forward to it to be honest. Final closure on it all. I am hoping, in fact almost obsessed about it, that the accuser admits she made it all up. She admitted to the vandalism of my brothers car without too great a difficulty so I can only hope that when she's on the stand she does the same.
Someone somewhere is out to get me. I have ANOTHER court appearance on the 30th of August.... Civil court this time, mortgage company are moving for repossession of my house. I owe them............................ £509 in arrears!!!
I speak with neighbours and quite a few of them are £1000s in arrears!!! I've paid and paid and paid my arrears down and entered into an agreement to clear them by the end of this week (entered into last month). I have a confirmation letter that it was all acceptable (dated last month) then in the middle of this month before even the expiry they've launched their court action. I don't see their action being successful BUT it's an added complication to life at a time when it's not needed...
Hi LL1 - it does seem that someone has you marked at the moment..... hoping all goes well for you on the 2nd and the mortgage co drops their ridiculous case.......MH
"Only love can light the mirror of your soul" - Chris de Burgh
£500 down......this is laughable as it will cost at least three times that amount to take you to court, hope they see sense, as you said, arguing abut this is an unnecessary complication just now.
I'm really sorry LL1 - I've written a reply a few times and always ended up deleting it!
I know there have been some cases pushed through after the time limit in my area - It's hard to suss out as there seems to be a big difference to a report being sent to the P.F. without being charged initially and then the cases that have been charged and the time limit kicking in..
I do know that some of the latter cases have been kicked out at the initial hearing - I really hope that is the case for you and you get closure in all this.
I have been overwhelmed with reading appeals and attempting to process information whilst dealing with a million external issues.
I may not be back on for a few days but I will be back as soon as my head is settled down a little.
The re-raising of the proceedings against me ultimately resulted in the Crown being successful in their argument in front of the Sherriff. They were reliant on Section 65 of the Criminal Procedure (Scotland) Act 1995.
Subsequently the Indictment was served on me just before my departure on my disasterously upset holiday.
The first part of the preliminary hearing was to begin on the 26th of July.
This was moved forward to next Thursday due to my appeal against the re-raising of proceedings under Section 65 of the above mentioned legislation.
My appeal was heard today and decided by a 3 bench sitting in Edinburgh High Court. The appeal and subsequent findings/opinions of the noble judges now forms what could be said to be 'case law' in so far as it 'clarifies' a very narrow yet wide reaching area which was previously 'grey'.
My appeal was SUCCESSFUL.
I have now been acquitted of the charges and cannot ever be prosecuted again on those charges.
Within my fighting mind and through the bloody outstanding skills of my Advocate my name is now attached to a piece of very very wide reaching and extremely positive piece of directive law which will benefit potentially hundreds if not thousands of people in the future as well as many in the present. I cannot even begin to understand or comprehend the importance of what happened today for so many others. My Advocate is equally impressed and I would imagine that the appeal judges are reasonably happy to have clarified the position of the law.
I broke down in tears before the judges had left the room. The court had risen and they were on their way out when I just broke down and made for the door. The past couple of months have been beyond belief. I will hopefully be able to attach the written judgement in time when it is available so that others can potentially read it and see what happened.
As for me personally... I need help. I'm not sure yet what help but my mind is exhausted and struggling. Auto-pilot is engaged constantly. I am supposed to be over the moon and celebrating and happy but I just can't be. I cannot believe what I have been through over the past almost two years. I have been certain of things only to have them blown out the water time and time again and for things to simply be 'different'. I genuinely believed after my meeting with my counsel yesterday that I was going to jail. I was sooooooooooo depressed that I couldn't even talk, like LITERALLY talk. My brain was shutting down big style.
I was numb to the core today and breathing deeply and counting all the way through the appeal. I could not cry until it was all over. I couldn't appear weak even though I must've clearly been sitting there ash white with wettish eyes staring into space. I had tunnel vision in black and white with a racing heart and completely shut mind that was in chaos. I don't know what happens now.....
I do know that I need to fight back and will be attempting to make inroads but I am going to crash first. I've been building towards some kind of crash for a long time now and it is simply unavoidable. My mind is so jumbled that it simply needs to shut down and reboot.
Celebrations? I don't know what they are or what exactly I would be celebrating but I am happy that I will be within my family unit for all those around me and especially now that my fiancee is pregnant! HER PLANNING!! HER DRIVE AND DETERMINATION! LoL............
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