Initial Hearing

[brokenman81]

Looks like its going the full hog!! Nearly a year of heartbreak. How can someone get away with a FA?? I hope her husband is there to hear the full story!!

[lawlessone2009]

I hope her husband is there and blurts out that it's a fabricated story!

[NOHOPE]

our liar went and gave evidence on her own not one person was there to support her not even her partner which i think speaks volumes to the jury.

but i wish he had been there as there would be no way he would beleive the rubbish that came out of her horrible lying mouth.

[brokenman81]

She is trying not to attend!

[barney]

Stay focused

Brokenman81, please stay focused on proving your inocence as the other side don't play fair, in my case the judge told the CPS that he felt my case was not in the public interest, would certainly return a not guily verdict and was a waste of tax payers money. He then gave them an hour to meet and reconsider taking the case to trail and they come back with "we are going for it". He agreed to try and hear my trial so the CPS have set my trial in another city to ensure this does not happen. So much for inocent until proven guilty. I am not trying to burst your bubble but for me I plan for the worst and hope for the best simply because the whole system in not designed to be fair,honest and equal and the way we daft British people believe OUR legal system to be.

Take care

[lawlessone2009]

I know that you are right Faith and you start to know me ...

I thought when watching this program that this man wasn't really helping himself.
I think that if the jury in court would hear me answering all the time "No comment" to every question asked by the police
I wouldn't be really helpful:

To myself
To the police
To the society

The police had forensics,this was not a rape but they managed to prove that this man was in this room
with the other person,they found particles from him related to the incident and...

You wrote "Saying no comment doesn't automatically mean you will be found guilty"
and this is true if you didn't do it.

It really depends on the context in which the 'No Comment' answers are given. The Police have a habit of asking irrelevant questions simply because they can, answering with 'No comment' can bring them back into line.

[Boys don't cry]

It really depends on the context in which the 'No Comment' answers are given...

Yes, Lawlessone.You are right and as I already answered:
It was a diferent case(not a rape).
The defendant only answered "no comment" to every single question asked.
The police officer didn't try to trick him and confirmed that he had the right to answer "no comment" all the time.
The CPS and jury convicted him because they had enough evidence to do so.

Once again it was not a case of words against each other.
I wish I knew my rights and a minimum about law before my interview.Maybe I would have answered :"no comment" instead of being naive and telling the truth.
Anyway:
I have "no regrets".

[Rights Fighter]

Going no comment can be used against you at trial. It is best to answer all questions unless advised not to by the solicitor. Usually that advice is given by a sol when there is little or no information/disclosure about the reason you have been arrested or 'invited' to an interview. If there is little or no disclosure then you cannot answer questions as you have no idea what you are accused of.

It is NOT a good idea go no comment (or exercise the 'right to silence') 'just because you can'. It will reflect badly on you should the matter get to trial..

[Boys don't cry]

I would have remained silent to one single question.But in a way to be naive and to tell the absolute truth saved me.
I can't change the past.
I wouldn't have the guts to answer "No comment".

[Faith]

If you answer 'no comment' to only some questions it will be assumed that you are deliberately avoiding certain questions because you can't answer it without implicating yourself as guilty.
A solicitor will advise you either answer fully, give a written statement and answer, give a written statement and go no comment to all or just go no comment...but to every question, not just certain ones

[Boys don't cry]

Yes Faith,this is obvious and you are right.

I would answer all questions except one???
He has someting to hide...

Silent all the time :No cooperation.
No comment all the time:Aggravated no cooperation.

If you tell the truth you seem more genuine,...

The question asked by the police where I would have kept silent,
I told them the truth and I am 99% sure this is the reason why I have been charged.

I don't regret it because even my barrister told the jury "Who would be genuine like this?"

And I had the best witness someone accused could dream of.

Thank you Faith.

[brokenman81]

Well I didn't think it would reach this point, but I'm ready to fight this!!

She knows the truth!!! That's why she's trying to get out of going to Court!

[Stunned9]

We went with a written statement and a no comment interview. Big reason was my father's English isn't top notch and he was in pieces even at home. I have legal background so we practised at home what he was likely going to be asked, and he couldn't string together two sentences in panic so we decided a written statement and a no comment and also that we had pretty zero disclosure from the police.

[Rights Fighter]

Stunned, that seems sensible. Having a legal background means very little, though, if it is not in criminal law!

I am thinking the solicitor advised the 'no comment' interview on those grounds as well?

You have to think ahead as to how the judge will direct the jury. In those circumstances he might well not give an adverse direction - but please note this is not my 'legal advice' as I cannot give any. I know nothing of the case or circumstances save what you have written here.

[Stunned9]

Stunned, that seems sensible. Having a legal background means very little, though, if it is not in criminal law!

I am thinking the solicitor advised the 'no comment' interview on those grounds as well?

You have to think ahead as to how the judge will direct the jury. In those circumstances he might well not give an adverse direction - but please note this is not my 'legal advice' as I cannot give any. I know nothing of the case or circumstances save what you have written here.

Yes RF it was also on Sol's advice, as we did not have much disclosure from the police so she advised keeping in mind of his stress levels and his English it would be best to say ''no comment'', her reasoning was we can give no comment and wait to see if he is charged or not and then fight our case with all the information we have since gathered i.e. proof she's lying etc. She did not want him to say something that would later do him in court because then there is no way we can fight that and at this stage we should not do something to weaken our case. You know how Police are sometimes, a man who's never been inside a station can find everything overwhelming.