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  • Right to a fair trial

    Dear All

    I am very worried about my impending tial as i do not feel i am being defended properly.

    Despite numerous requests key witnesses have not been contacted yet (the trial is next week), i do not have the abe video, my audio interview, dna finger nail test results and cctv footage.

    The court seem intent of pressing ahead with the trial regardless due to their concerns that the 'victim' has fixed the date in her mind and they want to get it over with asap.

    The 'victim' said the incident was extremely painful and a Dr has confirmed there were no internal injuries whatsoever. The Dr goes on to state that in sex cases no internal injuries does not mean the rape did not occur.

    However, in my case this widely believed government led hype is complete rubbish. My barrister says we should not cross examine the Dr (because the jury would not like this) and ask her what degree of force/pain would cause some injury i.e. the extent of the tests carried out.

    I feel I am entitled to do this as it is key to my defence. I dont care if the jury likes it or not, if I cant get to properly defend myself and a fair trial I am going to complain and complain until i can get this appealed and down the appropriate avenues.

    Does anyone have any advice please?

    Thanks!
    Last edited by Seeking Justice; 3 April 2013, 11:49 AM.

  • #2
    Speak to your Solicitor urgently.
    Have you had a conference with your Barrister yet? should have had a couple by now.

    Make a list of the issues as you see them.
    Can they be sorted before the trial.
    If not why not.

    As for the Dr. Unfortunately this is what often makes rape a difficult offence. If its criminal damage, there is smashed glass etc. Theft, a stolen item.
    Yes some of the rape centre specialists say it can occur without injury (so the hospital Dr saying it doesn't contradict any expert you can get).

    These cases are not always won with a DESTROY the other side mentality, because sometimes Jury's hate it and can sympathise with the victim. Without being sexist, this is why sometimes a woman barrister can cross-examine in these cases without being seen as battering a victim in the witness box. This is especially important where the case will be down to believability - her word against yours.
    Hope this post helps. But this post does not constitute legal advice, nor a contract/agreement for it.

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    • #3
      Thanks for your help Mortons.

      My barrister said the same. Although I can accept that, its just that the complainant said she was in so much pain thats why I felt it was significant.

      I imagine the outstanding evidence will be received prior to the trial, but I am worried they are not giving me sufficient time to prepare my defence in light of all the potential issues that might arise upon seeing the evidence.

      I might be worrying over nothing though (hopefully)!

      Thanks, SJ

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