Case thrown out!

[Angry and frightened]

Hi everybody! Its been so long since I have been on here, that I have forgotten how to post!
I dont know if you remember me, but my husband was falsely accused of raping our next door neighbour, 17 months ago. He had to move out of our home and for the last 6 months, I have been staying at his flat, which has no internet access, so have had no time to come on here and post.
Well, yesterday, it was his 3rd day of trial, and it was thrown out by the judge, as the accuser was an *unreliable witness" - in other words a liar and total fruitcake!
My husband did not even have to give evidence, nor did I have to appear as a witness. The trial started on Monday, and on Tuesday, the FA gave her evidence and our barrister totally ripped her to pieces! I would really recommend this barrister if you are in our area, but the solicitor was a complete waste of space.
I will now be on here more often, to help, if possible, and it shows new users that even if it gets as far as trial, there is still hope.
I just want to thank everybody on this site for all the help you have given us over the last 17months - you have been absolutely brilliant! In our darkest hours and where we have had nowhere else to turn, You have helped us no end. I thank you so much. Last night, we went out for a celebratory drink and it felt so good to walk back into our house together! Also, yesterday, my husband and son went down to the local shop and the first person they passed was HER, with her head bent so low it almost touched the ground!
We have had so much support off family, friends , neighbours and workmates, it is unbelievable, but tomorrow, the real work starts to get her moved away from us, as I believe it is unrealistic, and not safe, to have her living next door to us. BTW, her husband has left her (again!) as she has been having an affair!
Once again, thank you all so much for your help and support - thank you, thank you, thank you!

[whatsgoingon?]

That's brilliant! Good luck to you and your hubby in getting your life back together (and getting her moved far, far away!)

[Casehardened]

I've just re-read your original post and it was incredible that this so-called victim refused a medical examination; the case should have never gone to trial but at least the judge saw through her and justice was eventually done.

Angry & Frightened's full story is here: http://www.daftmoo.org.uk/mooforum/s...ccused-of-rape

Well done for surviving this ordeal and thanks for coming back to let us know; it is so helpful for members facing trial to know here are sensible judges out there!

[Angry and frightened]

Thanks Whatsgoingon and Casehardened. It has been a long hard slog, but we got there in the end. It turned out, that she did have an internal, she claimed he gave her oral sex, he ejaculated into her and told her he loved her. She had another interview in July 2012, but we didnt get to see this (well, a transcript) until about 3 months ago! She had changed her story to - I can vaguely remember a penis by me, I dont know if It entered me, I pushed it away, I dont know if it was my neighbour because I didnt see his face, but it must have been him as he had a moustache and I dont know anyone else with a moustache.
No DNA of my husband was found in her or on her, of course.On the 1st day of trial, our defence had not even got her 999 call back. They had it back on the second day and it was played in court. She was laughing and giggling, saying my next door neighbour has boned me, I cant remember his name, but you know him! Whenever our barrister asked her a question she said"its in my video", to which our barrister replied, "I dont care about your video, this is a court of law, answer YES or NO, or ! DID or I DID NOT! She had changed her story so often, she couldnt remember. The barrister said " You cannot remember anything from when you left your house, to when you returned, can you"? She answered, not really.
In her last interview with the DC in charge of the case, the DC kept saying things like "It doesnt matter if you cant remember exactly, just say what you think happened" Well, the judge pulled her up on that saying it was not an accepted form of questioning. We thought she was prompting the FA all the way through, but this is apparantely called pushing, which she was not supposed to do. The DC also asked our barrister if she could have a word, on the first day of trial, and our barrister told her "No, I have nothing to say to you"
My husband was a bit worried about the judge to start with as he kept mumbling and seemed to be half asleep. But he was taking it all in as he kept pulling up the FA on many points. The barrister said the judge was on our side. He eventually said, after consulting legal rulings, that it would not be safe to put my husband before a jury, based on HER evidence. WE had to wait to see if the prosecution wanted to lodge an appeal, which they did not. The jury were called back and told to find him not guilty! Yes, at last!

[ItsSoEasyToAccuse]

Reading posts like this and many others on here. Can the police not see these cases for what they are and actually do something about them rather than hide behind the 'All cases have to be investigated' facade?

Something needs to be done! Its not the time wasting I abhor. It's just the trauma and sometimes irreversible damage caused to innocent 'accused' men I can't comprehend.

How sad!

Good luck to yourself and your man from here onwards and kudos to you for standing by him.

[Ghost biscuit]

Hi,

Well that is fantastic news hope you all can have a fanbloodytastic Christmas. Gives me hope for my case. The judge seems on the ball.

Regards,

Ghost....B

[Angry and frightened]

Thank you, Itssoeasy, I agree. The trouble in our case and in others on here, is that the police do not investigate properly, they just do it to suit themselves. They should be made to prove they have exhausted all avenues in the quest for the truth, and their incompetence and illegal ways of working SHOULD be investigated. Perhaps they will then be less biased in the future

[RFLH]

I'm so pleased to read this!

[can it get worse]

That is fantastic news............. a great ending to a ridiculous lie. Will it teach her a lesson and make her more aware of the damage she can do - I think not!!

Regarding the judge - It is uplifting to know there are some people out there with common sense.

Brilliant and thank you for sharing that with us.

[Rights Fighter]

Great stuff!

You mentioned your brilliant barrister (and I assume you had a good solicitor). I wondered if you would post up on the sols and barristers thread please, their names and contact details.

Thanks

[Angry and frightened]

Thanks everybody for your good wishes. The barrister was excellent, but the solicitor was a complete waste of time, could never get hold of him, my husband could not get his statements that he made, off him, he had to borrow the barristers copies off her on the first day of the trial. Didnt turn up at court as he had an auditor in. I dont know what his excuse was for the last two days. Will certainly put the barristers details up in the relevant section, but her name is Abigail Nixon at the Citadel Chambers, Birmingham. Here is wishing everybody else the same outcome that we had. I will now try to get up to date with what has been going on here.

[myhome]

WAAAAAYY HHAAAAAAYY - absolutely bleddy marvellous......

[myhome]

It's just the trauma and sometimes irreversible damage caused to innocent 'accused' men I can't comprehend.

It's not just men - please remember - though it is nowhere near as common - it happens to us women too......and I'm still waiting......

[Rights Fighter]

yes it DOES happen to women too and often boys and men make false allegations of sexual abuse and rape too. We need to remember that as often it's women who are demonised. Most support groups are run by and supported mainly by women.

Could you let us know the name of the sol so we can be aware of him in order to avoid please?

[Angry and frightened]

The solicitor to avoid is Barry Newton of Kieran and Co, Worcester. He was the duty solicitor but works for a group of criminal defence lawyers.