Trial date set

[is there justice?]

Well done for standing your ground! No one shoud ever have to plead guilty for something they didn't do. Think of you

Thanks Aussieone, glad you had a better day

[Casehardened]

Sorry to not reply earlier (mobile internet is playing up!) but for the record I think that you have done the right thing.

Bear in mind (a) that the barrister is legally obliged to tell you about a sentence reduction for a guilty plea and (b) you've already paid the fees so a guilty plea will be easy money (PS regardless of rights or wrongs a 10% reduction isn't worth taking!!)

Remind your husband that yes, he has played away behind your back, but the real injustice is the woman converting the consensual dalliance into non-consensual sexual assault because of an employment dispute.

Magistrates is slightly more informal than the CC so hubby will have more opportunity to put his side of the story over, get him to prepare a speech in case the barrister flounders.

Can't really google properly at the moment (see above!) but my understanding of the SOR is that any conviction (incl. a caution!) will result in an entry, just that the lower sentences won't be a lifetime requirement. As you rightly say this would be the real punishment as all offences are tarred with the same brush, he must at least try to defend the case for his own peace of mind.

[is there justice?]

Sorry to not reply earlier (mobile internet is playing up!) but for the record I think that you have done the right thing.

Thanks, I can't see any other option.

Bear in mind (a) that the barrister is legally obliged to tell you about a sentence reduction for a guilty plea and (b) you've already paid the fees so a guilty plea will be easy money (PS regardless of rights or wrongs a 10% reduction isn't worth taking!!)

Hadn't thought of the easy money thing Remind your husband that yes, he has played away behind your back, but the real injustice is the woman converting the consensual dalliance into non-consensual sexual assault because of an employment dispute.

I frequently do, and this is the message that must come over at trial

Magistrates is slightly more informal than the CC so hubby will have more opportunity to put his side of the story over, get him to prepare a speech in case the barrister flounders.

This is an excellent idea because he will be terrified. Think this will help him enormously

Can't really google properly at the moment (see above!) but my understanding of the SOR is that any conviction (incl. a caution!) will result in an entry, just that the lower sentences won't be a lifetime requirement. As you rightly say this would be the real punishment as all offences are tarred with the same brush, he must at least try to defend the case for his own peace of mind.

This is my understanding too so now I'm very concerned that I'm more up to date than they are.

Thanks for all this CH - this way, at least we have a chance. If it doesn't bring the fair verdict, we have tried and had the chance to give the whole story.

[is there justice?]

As we couldn't sleep last night, hub sent a text to Sol to confirm it was going to be a trial and we would see him this morning as agreed if that was the case to go through statements line by line.

He called hub this morning to say he had been on a case last night so suggested doing it on the phone then meeting on Friday - I wasn't pleased at all as this all has to go to the Barrister and the case is being heard on Monday. I called him back and we're now off to meet him at 10am at his offices with no great expectations of much.

[frightened spouse]

Hello ITJ

Really sorry to hear about your latest development it must be so galling. The advice you have been given by Case hardened for your hubby to prepare a speech sounds like an excellent idea. You and your family have gone through so much , just because it's a "relatively minor" case ( you have still gone through hell) shouldn't mean throwing in the towel is an option.

As I said to my husband the one thing our FA can count on if we go to court is he won't be pleading guilty to spare her the ordeal of the court process. Any court appearance is going to be a challenging and unpleasant experience for the complainant, maybe the manipulative liar won't be so comfortable under such pressure.

Best wishes

FS

[is there justice?]

Thanks FS

Well, today was far more productive. We went through each statement word by word, line by line and redefined the word pedantic!

I have insisted the other staff who heard and saw nothing are included as witnesses for the very reason that we all work in close proximity and it seems strange that only her best friend heard anything (whose desk was farthest away).
We have made sure that there is clear understanding of why FA walked out that day, because we had rumbled her on her and her b/f setting up a rival business 500 yards away despite FA saying she only stayed because she couldn't afford to leave. It took hub £100 thousand to set up his business back in 2004. Even on a smaller scale it would cost many, many thousand.

Hub is terrified of speaking in Court and as a safeguard defence has prepared a statement outlining his anxiety (resulting in alopecia universalis) and previous serious suicide bid during the breakdown of his first marriage then listing salient points contrary to statements. In all reality he probably will speak out and has prepared a statement to read which will help his stammer. He's not a constant nervous wreck but doesn't cope well out of his comfort zone.

I will be a defence witness as will my son. Sol says I am the strongest defence witness 'by a country mile' so no pressure there then and a lot (i.e. any chance of success) will depend on me but he did say he was glad he didn't have to cross examine me. I hope that was well meant? Have I been a bit harsh with him I wonder......

One of the 'witnesses' consists of hearsay and she states she doesn't want to go to court and gets on well with us and has been happy to banter with us on occasion and she has never felt or caused offence.

The best friend witness statement contains a lot of hearsay, very vague half allegations (no charge could be made from it) and is really just laughable.

FA and her b/f are the main players. FA has strangely included self-invented events but not accounts of the real life hugging and pecks on the cheek that went on between them.

Our main point is that she left in a row over a) money and b) that we discovered they had set up the business.

At the end of their statements they say they came into the office complaining about money and saying that's why they needed their own business before handing hub a letter accusing him of harassment and saying we would hear from their solicitor, presumably hoping to get an unfair dismissal. Failing on that point they went to plod and lied. The alleged offences are supposed to have taken place just 8 feet from my desk, in the main office where anyone looking in could see. Had hub done even one of these things in front of me, he wouldn't be here to tell the tale. Whilst the legal team think these are minor, the frequency that they suggest is just laughable. She calls him predatory yet can only quote a date in May, one in July and one in Feb for any event. The best friend says a daily basis but not what was supposed to have happened.

We have to persuade the Magistrates that flirtation and banter between FA and Hub was enjoyed both sides and did not amount to assault and harassment so getting the scene set is important. Her best friend states that I had mentioned I didn't like FA flirting with hub so I have a good window to spell out that behaviour and so does hub.

At the end of it all, it may not go our way but we'll have given it our very best shot!

[frightened spouse]

That sounds like a very long way from hopeless to me ! Really pleased you had a much better day.

[is there justice?]

I hope you are right FS

It will depend if they see and accept the bigger picture. Each of her claims has to pass the test of reasonableness - would a reasonable person see it as an assault? In isolation if they believed her, they may do but the fact that the rest of us saw and heard nothing and that she hasn't included what did happen, should help.

There is a risk in raising what did really happen but not much choice.

[is there justice?]

Does anyone know please?

Sol has just called and he and Barrister want to put in for an adjournment because they have not received everything from prosecution. One thing they seem keen on, but wouldn't be drawn in to more, was finding out whether one or more of the witnesses have a criminal record. I asked if it was relevant and he said if it's for perjury.
There is some grey area around FA's b/f who was threatened with a client pushing for charges of knowingly overtrading when he couldn't cover his costs because his ex wife sent the letter to us.(a previous failed business venture) If this went forward to Court anything might have happened, we don't know.
I'm clutching for every glimmer, is this usually a concern does anyone know?
Hub isn't worried if they adjourn or not, he's waited this long and Sol thinks at least 2 witnesses may drop out. We have to let him know if we agree to adjourn. It's probably sensible as we don't have all the facts yet despite the CPS being told in April to have everything ready 4 weeks before trial.

[frightened spouse]

HI ITJ

This inability of the CPS to meet deadlines appears to be endemic. To have it postponed is dreadful but the extra info could be invaluable. I couldn't help but notice recently regarding charging decisions in high profile cases, the CPS appeared incredibly efficient making announcements within only a few days (at the outside 10 days) of receiving the files of evidence. Whereas for the rest of us it can run into months and months. It is little suprise they are just as tardy when it comes to presenting files to the defence. I'm sure Seeking Justice had similar problems before his trial which went ahead regardless.

Do you know at this stage whether your liar will be using the live link facility as the curtain option wasn't mentioned for Majistrates court from what I have read.

It sounds as if your defence is a lot more engaged now, if they're looking at the background of the witnesses, they sound like unscrupulous people so you never know what may turn up

[is there justice?]

Hi FS

our liar, I love that, has asked for a screen. It does seem like defence are getting on with it now and maybe reading everything properly. I can't see any risk to us in adjournment but the defence might turn something up. Of course, magistrates might not agree.

[Casehardened]

As long as adjourning doesn't rattle hubby I would agree to it; the FA and her witness's will assume that the case is falling to pieces

[is there justice?]

That would be a good thing CH, thanks. Let's hope they can get agreement to it. We move house next week so it will suit me very well. Hub says it won't worry him.

[is there justice?]

Sol is at Court today to ask for an adjournment and the CPS have said they support the request so I think we will be back in limbo.

We will be living 5 hours away when it is finally heard so that's a bit of a pain but may now look round for a more experienced Barrister closer to our new home town in the East Midlands. Any personal recommendations please?

[Rights Fighter]

Could you PM MyHome please your email address so I can help one to one? I'm busy so can't keep posting up on here. If you feel you can trust me, your landline number would be helpful.