who has the advantage at a retrial cps or defense

[sadman]

Who has advantage at a retrial CPS or defense.In the course of the first trial more evidence from complainant showing she was lying and told another lie to cover the first lie which we can proven she is lying again about this rape.

I have got some more evidence which is fairly strong and strongly suggests she has told a pack of lies in the first trial.I cannot say too much walls and CPS have ears but the new evidence can blow a lot of her allegations out of the water

All she has is circumstantial and her lies which keep changing.

I will keep you informed

[Faith]

We can't really answer that as every case is different but if her story changes between trials...a good barrister will pick up on that.

Stay strong sadman.

[Casehardened]

In a retrial the defence team will know what questions are going to be asked in cross-examination; after all it will be exactly the same charge as in the first trial! It would well be worth analysing your previous responses to see if they were sufficient; at the very least the 'rehearsal' will ensure the replies will be made in a more confident and relaxed manner the second time round.

As you mentioned, you can also analyse her responses to cross-examination and concentrate on any weaknesses in the retrial.

(obviously the prosecution may be doing exactly the same hence my suggestion of considering your own answers)

Hopefully the main positive will be that there will be no 'fear of the unknown' next time.

[lawlessone2009]

Do you actually have a date for a retrial?

[Caillycakes]

Both parties will be in a better position as they will have seen how the complainant and the Defendant answer questions and importantly, what they say to each question.
This includes the complainant herself/himself as they will know what questions are going to be asked and what line of defence is being pursued. This might mean they try to answer the questions differently or try to work out a better way of explaining themselves.
The important thing from your post is that the time delay between the original trial and the retrial has allowed you to obtain further evidence in support of your defence. The CPS clearly have no more evidence against you since the first trial or you would know about it as they are required to serve this information before the trial.
This should mean you are in a better position to defence yourself.
Your legal team will no doubt be able to pick up on inconsistencies and use this to your advantage.
Hope this is of some assistance. And Good luck

[lawlessone2009]

It couldn't be discounted though that the prosecution will attempt a different line of attack. They could focus on what they believe is a key area where they feel the jury were 'not properly informed'. Many new questions could arise.

Your defence team should do a run over what happened and where they feel there is room for improvement. The actual evidence presented at the original trial cannot be changed. I would say you have the advantage.

That is of course if there is to be a retrial?

[sadman]

thank you for your kind replies and help

retrial is many months away and we have new evidence and we are working on more .There has been a lot lies told by her the more she lies the bigger the hole she digs because we can disprove much of it and if she is found telling lies about some of it her creditability must be seriously in doubt .Well back to work I am keeping up the momentum and if i need help I will write again or just to update the members aboutwhats happening