Announcement

Collapse
No announcement yet.

Tired.... :(

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #91
    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

    Comment


    • #92
      Hi IG - I cannot begin to imagine the frustrations and despair you must be feeling. This seems to be so much incompetence by the system. It's going to be another long wait for you but you have some research to concentrate on which will help.
      Hope you keep posting and we'll support you all we can
      Hugs MH
      "Only love can light the mirror of your soul" - Chris de Burgh

      Comment


      • #93
        What an absolute nightmare and a lot to take in.
        Nothing I can say to help so just sending a hug and letting you know I'm thinking of you.

        Comment


        • #94
          Hi IG - poor you! You must be feeling bruised and tattered and I fully sympathise. My gut feeling is though, the longer it gets put off, the more the opposite side try to bend round bits to fit in square boxes, the more of a farce it's looking.

          A jury (if it goes that far again) will probably listen to it all and think 'You what???' Is this what you've got me to take a week off work for??? Is this what our hard earned taxes are paying for???

          Don't allow yourself to be knocked down by the trial being put off. On the contrary, you'll be even more ready next time round until the b******s are beaten!

          Comment


          • #95
            Recognise this set back as an opportunity to possibly gather more evidence for you defence. Have a think back.

            Who did you know back then who could assist? If you think of anybody use the time to try to rack them down. Use the time to see if the sol can request any information as to whether the accuser has made similar accusations before.

            Seize the day!
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

            Comment


            • #96
              Hello Everyone

              Hi Guys

              I hope everyone is ok!

              Its been about 5 and a half months since my trial was postponed for the prosecution to try and rebut the presumption of doli-incapax. To this day, nothing further has happened and I have found out that this matter is now going to be heard at the start of my trial.. and then the ruling will be made by the judge.

              I have tried to stay away, and not linger to much on sites... as I have had to try and live during these past 5 months.. ... Generally though im ok, I have had a promotion at work.. I was unsure whether to take it.. but the company knows whats going on in my world.. so it was nice to be supported.

              So.. 3 new prosecutors ,3 new trial dates.. 2 years and 3 stone in weight gain.. im ready to try and knock this one out of the park again in April!

              Positively, if the worst was to happen.. there is a 50/50 chance of non-custodial... my age at the time.. the time taken to go to trial.. my character and work ethic all have strong measure I have been told.. whats really annoying is that wont tell you if your going to prison on the day you go back to court... so it leaves your employer hanging!

              Shout out to Myhome:CIGW:RightsFighter:FrightendSpouse and other that have all been super supportive over the past 2 years!! Hope you guys are all good!

              Comment


              • #97
                hi

                Originally posted by Innocentguy1983 View Post
                Hi Guys

                I hope everyone is ok!

                Its been about 5 and a half months since my trial was postponed for the prosecution to try and rebut the presumption of doli-incapax. To this day, nothing further has happened and I have found out that this matter is now going to be heard at the start of my trial.. and then the ruling will be made by the judge.

                I have tried to stay away, and not linger to much on sites... as I have had to try and live during these past 5 months.. ... Generally though im ok, I have had a promotion at work.. I was unsure whether to take it.. but the company knows whats going on in my world.. so it was nice to be supported.

                So.. 3 new prosecutors ,3 new trial dates.. 2 years and 3 stone in weight gain.. im ready to try and knock this one out of the park again in April!

                Positively, if the worst was to happen.. there is a 50/50 chance of non-custodial... my age at the time.. the time taken to go to trial.. my character and work ethic all have strong measure I have been told.. whats really annoying is that wont tell you if your going to prison on the day you go back to court... so it leaves your employer hanging!

                Shout out to Myhome:CIGW:RightsFighter:FrightendSpouse and other that have all been super supportive over the past 2 years!! Hope you guys are all good!
                Good to hear you've got so much support from those around you, hope all goes well for you!

                Comment


                • #98
                  Hi IG - great to hear from you.

                  I hope you are well prepared for the fight and your team are as confident as can be.

                  The trial is hopefully going to be a quick one where the truth will be revealed with speed.

                  You've got this far with many hiccups. Let's pray the last few weeks allow you to gain your final courageous steps towards life being free from this horror.

                  Stay good. Keep us updated.

                  Comment


                  • #99
                    Hi IG

                    Just wanted to wish you all the best for the week ahead. Will be thinking of you.
                    The truth is like a lion. You don't have to defend it. Let it loose. It will defend itself.

                    St Augustine

                    Comment


                    • Hi i just want to wish you all the best. My trial starts in june so i have a good idea how your feeling. The way i try deal with this nightmare is that living like this is like being slowly strangled its not living its surviving and it can't go on forever so although scared i also want my trial to hurry up so i can fight and somehow get my life back. Keep your chin up.

                      Comment


                      • Day 1 - update so far!

                        Hi guys

                        Well... Interesting first day so far..I'm just sat in a Starbucks having a coffee have to go back across in an hour.

                        So I didn't start today till 12, as there was a summing up that had to be done. Before mine started.. So the jury has been sworn in, I've seen them.. That experience was so bad.. I thought it was going to be harrowing.. But generally they all seem nice, couple smiled at me.

                        Anyway.. Trial starts tomorrow.. But there is some law that is happening this afternoon
                        My qc is going to ask for me to be re arraigned as the prosecution have extended my charges to 10-16.. Not the 14-16 as originally stated.. From here my qc is going to lay down a prelim art challenge for Doli incapax and get the 10-14 chucked out..if he fails we can do another challenge after the prosecution finish as all the evidence is submitted and nothing else can prove my mental state of mind at the time.. If the judge still disregards this we apparently can do it again before summing up.. And if it still fails you can file an appeal...

                        So.. If the judge rules in my favour.. Which I hope... At the end of the prosecution evidence my guy is going to lodge an abuse of process as the complaint highlights the abuse occurred in my younger years.. And there is no consistency.. How can the jury tell if it's pre or post 14... This is before I give any of my evidence...

                        Annoyingly.. It is most likely going to fall into next week for a verdict.. If it goes that far..

                        Lots of hurdles to get over... But it's happening and In a way it's great!!

                        Any way I'll continue to update you all, thank you for all your support.. Much love IG

                        Comment


                        • Absolutely everything crossed for you: hair; ears; nose; lips, cheeks (all four): arms; elbows; hands; fingers; legs; knees; feet and toes. So I am all in a big knot at the moment........

                          People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                          PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                          Comment


                          • DAY 1 - Update 2

                            Hi Guys

                            Just got home... well... some good news. The charges of when I was 10-14 have been thrown out of court.. the judge quickly rulled that the crown failed to rebutt the presumption..

                            It felt so good.. the prosecution barrister looked like a right prat...

                            Now... the complainant in her interview is all over the place with her years... and as such the prosecution is going to have very hard time on two points

                            1) Proving that what I did actually happened pre or Post 14
                            2) Proving that what she says happened actually happened.

                            Now interestingly, you know longer have to prove beyond reasonable doubt.. you have to say to the jury... you have to be sure

                            We pretty much know all the evidence.. but we have to hear all the prosecution evidence... and at "half time" as my barrister calls it.. he is going to make an application for an abuse of process... as the prosecution lack the necessary evidence to prove the two points above.. also.. apparently i may be able to apply for my fees even though i paid privately.. as the CPS did not do their due diligence properly....

                            Anyway... im jumping a bit.. tomorrow is going to be a poo poo day.. as I have to hear the *****es voice.. but hay.. its looking better now then it has done in the past 2 years..

                            Lets keep going!!!

                            Fight on all fight on!!

                            Much Love IG

                            Comment


                            • Will be following your progress. Sending positive vibes all the way!
                              Keep strong and stay positive!
                              Hugs!

                              Comment


                              • Fingers and toes crossed for you be thinking about you tomo. Stay positive your doing great.

                                Comment

                                Working...
                                X