You will not believe this...
Hi Guys..
I have had my longest day in court today... and I will start with this.. the trial has been postponed again. For another 6 months.. April 27th.. Trust me when I say that we have all been putting money in the swear jar..
Soooo... you all must be thinking why!.............. I will explain it to the best of my abilities..
.....................................
I arrived at court to find out that we have a new prosecutor which was assigned the case on the Friday just gone.. (This would be the third prosecutor) he announced that he was changing the date ranges on my indictment from 14-16 to 10-16... which now delves into the realm of the DOLI INCAPAX, the presumption that a child between doesn't know what they are doing between 10-14 unless the prosecution can dispute the presumption..
So.. the reason the prosecution has done this is as follows:
1) In my interview.. I admitted there was some small contact when I was 11/12 and it could be construed that I could be found guilty on this.. On a positive.. I didn't have a solicitor present during the interview.. and I didn't obviously know of the doli incapax law.. when I said I didn't know/do anything after 13... my barrister says it shows I am not hiding behind anything...
2) Due to the inconsistencies in dates in the complainants interview, and if the doli incapax is not void... they jury would be unable to make a decision on guilty or not guilty as there is inconsistency to when these indictments could of happened... the judge clearly stated.. you wouldn't get the conviction. ( I was smiling inside when he said that)
.....
The prosecution attempted to use the complaints interview as evidence to suggest that the doli incapax is void as she mentions that I told her not to tell anyone as it was naughty... Thanks to SOULBUG, who forwarded me some essential information a year ago!!!.. I was quickly able to show my barrister that a complaints evidence is not allowed!!
Soooo... the judge rulled the prosecution has 21 days to provide evidence how they are to rebute the doli incapax, and in essence able to serve the indictments with the revised date ranges... During this time, I have been tasked with obtaining statements from individuals that new me between 10-14 which could indicate add weight that I had no knowledge of what I was really doing at the ages of 11/12..
From what I understand, if this was a current matter.. Psychiatric reports would be required.. to judge me at the age.. but considering im 31 now... and this was 20 odd years ago.. they are going to be unable to do this...
So... watch this space...
Im absolutely cream cracker ed.. wasnt expecting this today..
I got the rest of the week of.. so I am going to be resting..
I hope what I wrote above makes sense..
Oh and yes.. it will be 2 years when I go to trial again.. from when this started...
Much Love.. IG
Hi Guys..
I have had my longest day in court today... and I will start with this.. the trial has been postponed again. For another 6 months.. April 27th.. Trust me when I say that we have all been putting money in the swear jar..
Soooo... you all must be thinking why!.............. I will explain it to the best of my abilities..
.....................................
I arrived at court to find out that we have a new prosecutor which was assigned the case on the Friday just gone.. (This would be the third prosecutor) he announced that he was changing the date ranges on my indictment from 14-16 to 10-16... which now delves into the realm of the DOLI INCAPAX, the presumption that a child between doesn't know what they are doing between 10-14 unless the prosecution can dispute the presumption..
So.. the reason the prosecution has done this is as follows:
1) In my interview.. I admitted there was some small contact when I was 11/12 and it could be construed that I could be found guilty on this.. On a positive.. I didn't have a solicitor present during the interview.. and I didn't obviously know of the doli incapax law.. when I said I didn't know/do anything after 13... my barrister says it shows I am not hiding behind anything...
2) Due to the inconsistencies in dates in the complainants interview, and if the doli incapax is not void... they jury would be unable to make a decision on guilty or not guilty as there is inconsistency to when these indictments could of happened... the judge clearly stated.. you wouldn't get the conviction. ( I was smiling inside when he said that)
.....
The prosecution attempted to use the complaints interview as evidence to suggest that the doli incapax is void as she mentions that I told her not to tell anyone as it was naughty... Thanks to SOULBUG, who forwarded me some essential information a year ago!!!.. I was quickly able to show my barrister that a complaints evidence is not allowed!!
Soooo... the judge rulled the prosecution has 21 days to provide evidence how they are to rebute the doli incapax, and in essence able to serve the indictments with the revised date ranges... During this time, I have been tasked with obtaining statements from individuals that new me between 10-14 which could indicate add weight that I had no knowledge of what I was really doing at the ages of 11/12..
From what I understand, if this was a current matter.. Psychiatric reports would be required.. to judge me at the age.. but considering im 31 now... and this was 20 odd years ago.. they are going to be unable to do this...
So... watch this space...
Im absolutely cream cracker ed.. wasnt expecting this today..
I got the rest of the week of.. so I am going to be resting..
I hope what I wrote above makes sense..
Oh and yes.. it will be 2 years when I go to trial again.. from when this started...
Much Love.. IG
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