First time posting but been reading everyday and this site has been a great help. Don't want to post too much detail but husband has been on remand since sept 11, he is falsely accused of rape 24years ago, he was sleeping with this person at the time. Tomorrow he is in court for abuse of process, mention hearing and a custudy time limit. I wondered if anyone can tell me what will or could happen, many people have came forward and said they knew the 2 of them were sleeping together. Thanks for any help and can I just say again this site has been a great help.
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Originally posted by In the dark View PostTomorrow he is in court for abuse of process, mention hearing and a custudy time limit. I wondered if anyone can tell me what will or could happen,
It sounds like his legal team are trying to get the case dropped: abuse of process usually highlights irregularities in the CPS investigation; mention deals with procedures during the trial;custody time limit is the 24/36 hours for the defendant to be held by the police during the initial arrest and investigation.
I suspect the legal arguments will relate to the extraordinary period of time between the time of the alleged offence and bringing it to trial.
I believe just the defendant, barristers, judge and court officials will be there; no jury or onlookers in the public gallery will be permitted.Last edited by Casehardened; 28 March 2012, 06:46 AM.'What doesn't kill you makes you stronger'
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What good news for you and your husband
As NoHope says, if you can post up as what the particular legal argument that got the case thrown out was, this would be helpful to others (obviously only in general terms; nothing specific that would identify him)'What doesn't kill you makes you stronger'
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Still in shock, there was different factors that came into it, the person in question didn't want the defence to see her medical records and the description she gave was completely different. What I will say to anyone don't leave any stone unturned however small it seems, and don't give anything to the police. There is a lot more to this which I will post about at a later date. My husband was sleeping with this person all them years ago and his DNA was found, what happened after that we'll never know.
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