My Story... (LONG)... Input helpful and I am happy to discuss.

[RFLH]

this place is always open Lawlessone, to blow steam off or for advice.

[Rights Fighter]

I'm familiar with the Moorov Doctrine as it is known as. I was in touch with the solicitor who was involved with that particular case (in Glasgow as I recall) some years ago.

I've got the appeal judgement somewhere on my database.

[Casehardened]

If I've understood you correctly, because there are now two accusations that have been made against you, the case is more likely to be taken to court.

Obviously an NFA would be preferable but as you yourself said, a court appearance isn't necessarily 'curtains'

They may on occasion catch me speeding and then go through a long drawn out attempt, via court, to teach me a 'lesson' (most likely for my own good!!!) but with every attempt I seem to move further towards the 'darkside'.

Allow yourself this brief moment of despair then start work on the defence

'two wrongs don't make a right', just because there are now two accusations doesn't endow either of them with merit; however each of them will need to be addressed separately.

[lawlessone2009]

Thanks guys/girls.

Each case individually doesn't hold water.

With regards the secondary allegation:

I discovered another 'issue' this evening. I had been working on it all day (phone call to mum earlier) and it finally hit me tonight (yet another phone call to mummy...). The detective investigating the case and obviously interviewing me said it was about the 'details'. The finer details if I remember.

There was obviously a long and mundane interview to begin with and this is merely the motions where all the simply questions and blanks are filled in. I fully cooperated and continued cooperating right to the end. I had no reason not too. It seemed that things were going from normal to nasty in the interview and it all built up to the final 'putting of the allegation to me' with the 'extra' detail.

I didn't believe the situation I found myself in throughout the interview and was really just being led along to wherever they took me. I was as interested in the accusation as no doubt they were. The detail I finally figured out blew the entire accusation into the water. I simply couldn't believe that it took me so long to piece it together, I believe the Officer picked up on my 'change' in either tone or expression straight away and that's when the two Officers attitudes changed to 'friendly'. I actually believe that they believed me BUT the charge is still more than necessary based on all the information and obviously the previous allegation.



I already have quite a few fighting points and with a little time and digging I will hopefully be able to clear my name. I am actually happy that, after all this time in limbo, I can now expect a trial and at least a chance to clear my name. I would've hated for the case to have been dropped and remain forever after 'open'. The problem is that mentally and emotionally it is destroying me.


Casehardened/RFLH: Thanks. I think that simply posting up my 'update' earlier helped a great deal.

Rights Fighter: Can the actual judgement not be found online?

[Faith]

lawlessone...cases have gone through in the past where accusations have built up over the course, either through new accusers creeping out of the woodwork or the same accusers raising additional claims.
It is not the end of the road; these cases can still be found not guilty.

Try not to lose hope. It is far from being 'curtains' but the despair you are feeling is normal.

[lawlessone2009]

It's cool.

I'm now becoming an almost expert in Moorov's doctrine!

Already this evening I have discovered, through reading various appeals papers, that I now know slightly more than both the solicitor and Advocate demonstrated yesterday with regards to certain parts of it.

I will keep reading of course. What seemed like 'the end' is far from it, the Moorov doctrine isn't quite as easy to apply as it seemed, in my case, although it is still a powerful piece of finding by the courts which has been built on over the years.

What I have discovered actually goes 'against' some of the positivity that the Sol & Adv put out........ Not to worry though, I'm now better informed.

Read Read Read............

[lawlessone2009]

I was in court today for an unrelated matter, an alleged speeding offence.

The allegation was brought by two traffic Officers in April last year. It has dragged on a bit as I was seeking disclosure of certain elements of evidence.

I expected a half hearted argument today and a push for it all to be dropped but upon entering my not guilty plea the prosecution promptly stood and informed the court they were 'deserting' the case.

I was representing myself and expected if a desertion was to be achieved it would be through me pushing for it not them simply abandoning it!

Generally a victory leads to jubilation and such. I cried. I thanked the judge etc and left the room where I almost had a nervous breakdown. I cried for a couple of minutes and then left the building.

I cannot see any cause to celebrate. My mind is telling me that the prosecutor has been instructed to drop it as there are more serious allegations for me now to face and the sentence would far outweigh a slap on the wrist and couple of points on my licence.

Am I becoming neurotic? I'm definitely depressed but it seems as if my mind is wondering into strange places and it hurts. It really really hurts.

[Casehardened]

My mind is telling me that the prosecutor has been instructed to drop it as there are more serious allegations for me now to face and the sentence would far outweigh a slap on the wrist and couple of points on my licence.

Now when your mind get back to it's usual logical state you will know this cannot be so; they probably couldn't find the evidence that you requested disclosure of

I would take it as proof that you would not be fazed by any possible court proceedings and will conduct yourself well as a witness should it come to this

[lawlessone2009]

Thanks Casehardened.

Logic does tell me " in for a penny in for a pound ".

With things the way they currently are mentally and emotionally I really would just have pled guilty IF I was guilty. A motoring offence is sooooo insignificant that it's just not worth bothering about. I just wasn't going to accept guilt when I wasn't guilty.

My thoughts are changing a little but the happiness hasn't returned.

[sam]

my best wishes are with u, keep strong

[RFLH]

They knew they couldn't win - it was the only sensible thing they could do without looking complete pratts!

Enjoy your spotless licence!

[lawlessone2009]

Kept it clean for a SECOND time in a year...

Self representation sure does work. Solicitors only ever got me convicted...

I'm back 'online'. Been reading LOTS of appeals cases, guidelines and other stuff. There is NO case. Even from the statements, if the accuser stood in court and recited the story the way it's written in the statement then there would be a hard time proving there was anything resembling a rape never minding the lack of DNA and corroboration.

The prosecution are clutching at straws, BIG time.

Unfortunately I'm reading everything in a negative at the moment.

I do want to go to court! I at least want the opportunity to clear my name completely rather than leaving things open to mis-interpretation later. I'm clearly going to need to do a lot of the leg work myself even if it's just to make sure the solicitor/advocate are doing things correctly as they both seem a little absent minded at times. I'm still pleased with them but their laid back attitude better change once the thing progresses!

I actually think my turning point was yesterday. I attended an 'awareness session' for a work related thing. On the way home I looked at the big bridge over the river and my mind started wandering. I was calculating the height from the water verses the depth of the water and what the survival rate would be. It suddenly dawned on me that it wasn't worth thinking about as I would live regardless.

[RFLH]

no black thoughts allowed here, thanks. Just aim for the positive ones and you'll do fine!

[lawlessone2009]

Problem I have, which most must experience going through this, is attempting to differentiate the good from the bad... It's an avalanche of complete mental assault...

Keeping going and keeping happy.

My little victory in court sure rubbed my dads nose in it. He went nuts and called me stupid for getting caught speeding where I was. I insisted I wasn't. Couple of weeks later he got caught at the same place! I told him there was something inherently wrong with the operation of the Unipar SL700 laser speed gun directly underneath overhead high voltage power lines... He didn't listen and paid the fine and took the points..................

Silly old bugger..............

[RFLH]

just sometimes - things make you smile!