Falsely accused, to get even! :(

[panda]

solicitor advice..

Yeah, that'd be the easiest route. Follow the advice of the solicitor before handing it over/having the solicitor submit it on your behalf.

Copying and pasting what you've already posted would make things easier. Add and subtract as you see fit.

L1, BDC,

Thats exactly what I have been doing. I have typed out the events of whole period, in detail.
Now, concising it, and removing whatever we find as "too much detail to be revealed now". Just giving enough so that the police will have enough points to investigate my side of the story, but nothing that can probably make her change her statement to suit the context. As advised by several people here too, we will probably leave out the more disputable evens like verbal conversations between us, or things that cant be readily proved.

I did speak to one solicitor, and his advice was to definitely give a limited statement, since based on what we know now, it is clear that the police have no clue what is my story, and tomorrow, its highly likely that they will take it to court, because I refused to co-operate, and they do not have enough info to put the pieces together. I will again be meeting a senior partner off the same firm, before heading to another solicitor for a 2nd opinion.

Also, several things like a statement from easyjet counter staff, doesnt seem easy to get without the police doing it themselves. They are refusing to talk unless approached by police or given a court order. They have been asking me to only talk to their legal department. Fortunately, the hotel and club staff seem to be co-operative at the moment, even without much police intervention.

[freebythesea]

L1, BDC,

Thats exactly what I have been doing. I have typed out the events of whole period, in detail.
Now, concising it, and removing whatever we find as "too much detail to be revealed now". Just giving enough so that the police will have enough points to investigate my side of the story, but nothing that can probably make her change her statement to suit the context. As advised by several people here too, we will probably leave out the more disputable evens like verbal conversations between us, or things that cant be readily proved.

I did speak to one solicitor, and his advice was to definitely give a limited statement, since based on what we know now, it is clear that the police have no clue what is my story, and tomorrow, its highly likely that they will take it to court, because I refused to co-operate, and they do not have enough info to put the pieces together. I will again be meeting a senior partner off the same firm, before heading to another solicitor for a 2nd opinion.

Also, several things like a statement from easyjet counter staff, doesnt seem easy to get without the police doing it themselves. They are refusing to talk unless approached by police or given a court order. They have been asking me to only talk to their legal department. Fortunately, the hotel and club staff seem to be co-operative at the moment, even without much police intervention.

Let's not forget that you were advised by the duty solicitor to give a 'no comment' statement so don't beat yourself up. You were advised not to co-operate. Be sure you make this crystal clear to any solicitor you speak to.

Someone else mentioned going to a gym. I found that swimming every day really helped. Physical exercise is the best remedy for stress.

[tigertiger]

Let's not forget that you were advised by the duty solicitor to give a 'no comment' statement so don't beat yourself up. You were advised not to co-operate. Be sure you make this crystal clear to any solicitor you speak to.

Someone else mentioned going to a gym. I found that swimming every day really helped. Physical exercise is the best remedy for stress.

Dont forget to eat too! I tried to fill my time walking with the remaining thinking about it constantly,ended up forgetting to eat and lost huge amounts of weight.

[panda]

why no comments interview?

Let's not forget that you were advised by the duty solicitor to give a 'no comment' statement so don't beat yourself up. You were advised not to co-operate. Be sure you make this crystal clear to any solicitor you speak to.

Someone else mentioned going to a gym. I found that swimming every day really helped. Physical exercise is the best remedy for stress.

Yes. For two reasons.

1. She had taken Drugs.

2. I was interviewed after nearly 16-18 hours in custody. I was emotionally distraught, and upset, and completely dazed from lack off sleep. Unlike the so-called victim, I dont think the accused gets the benefit off "i was emotionally upset & distraught", if I inadvertantly said something inaccurate, and corrected my story later. So, he said its best to not say anything till I was calm and composed, and get my facts together, at a later stage.

As I mentioned earlier, its 2 seasoned/experienced/completely calm and composed investigators, AGAINST a first time offender, with no experience doing this, and who is on an emotional low after a night in prison.

Besides, at that stage, nothing you say then would exonerate you.

Wheter it was right or wrong, that was why I finally decided it wasnt a bad idea to go with a "no comments" interview.

After I was released, when I discussed this with my lawyer back home, he sent me this video - http://www.youtube.com/watch?v=6wXkI4t7nuc
Worth a watch for people who are OK with open interviews, even if innocent. Its from the American point of view, but the British situation is almost the same.

And Gym & Swimming. Already doing that!

[tigertiger]

Yes. For two reasons.

1. She had taken Drugs.

2. I was interviewed after nearly 16-18 hours in custody. I was emotionally distraught, and upset, and completely dazed from lack off sleep. Unlike the so-called victim, I dont think the accused gets the benefit off "i was emotionally upset & distraught", if I inadvertantly said something inaccurate, and corrected my story later. So, he said its best to not say anything till I was calm and composed, and get my facts together, at a later stage.

As I mentioned earlier, its 2 seasoned/experienced/completely calm and composed investigators, AGAINST a first time offender, with no experience doing this, and who is on an emotional low after a night in prison.

Besides, at that stage, nothing you say then would exonerate you.

Wheter it was right or wrong, that was why I finally decided it wasnt a bad idea to go with a "no comments" interview.

After I was released, when I discussed this with my lawyer back home, he sent me this video - http://www.youtube.com/watch?v=6wXkI4t7nuc
Worth a watch for people who are OK with open interviews, even if innocent. Its from the American point of view, but the British situation is almost the same.

And Gym & Swimming. Already doing that!

Very interesting video, and really backed up what I thought would be the case had I spoken in my interview. There was many trap, double edge sword questions. They read all their questions off a sheet from a list. It was clear that some of the questions woudnt have been asked if I had answered one of them.

For example...

Q1. Oh dear! Why did you bother to go in there?
Q2 Oh dear! Why did you NOT bother to go in there?

Q1 Why did you want to speak to him?
Q2 Why did you NOT want to speak to him?

These are just basic examples but my point which ever path you choose to answer the question it was set up to make you look guilty and just open a can of worms into a whole new path. Basically you would be doomed which ever way you answered the question. Obviously talking and not talking should be taken strictly on the advice of an experienced solicitor only. But just from my experience in my interview, without being able to prove beyond 110% reasonable doubt many questions were there to try paint me black into a corner. I couldnt see any positives coming out from saying either a yes or no.

I was quite taken back by these shady techniques.

[grababadger]

Hey Panda,

Whats the latest?

[panda]

no prepared status..

Very interesting video, and really backed up what I thought would be the case had I spoken in my interview. There was many trap, double edge sword questions. They read all their questions off a sheet from a list. It was clear that some of the questions woudnt have been asked if I had answered one of them.

For example...

Q1. Oh dear! Why did you bother to go in there?
Q2 Oh dear! Why did you NOT bother to go in there?

Q1 Why did you want to speak to him?
Q2 Why did you NOT want to speak to him?

These are just basic examples but my point which ever path you choose to answer the question it was set up to make you look guilty and just open a can of worms into a whole new path. Basically you would be doomed which ever way you answered the question. Obviously talking and not talking should be taken strictly on the advice of an experienced solicitor only. But just from my experience in my interview, without being able to prove beyond 110% reasonable doubt many questions were there to try paint me black into a corner. I couldnt see any positives coming out from saying either a yes or no.

I was quite taken back by these shady techniques.

Yes, tiger. It was pretty much the same with me. At the first interview, the questions they asked were framed in such a way that any sort of answer to them, would end up making me look bad. So, it does seem like its always a good idea to not say anything at all, at those interviews.

As for the prepared statement. Two different solicitors got together, and final conclusion was to NOT give anything now, since the indication from the police was that I am being rebailed becase there are delays from their tech guys, and they have not even gone through my phone conversations with her, yet.

So, there is the likelihood that things could get delayed further, and the unlikely possibility off them pressing charges, BUT having weighed the odds, they feel its best to just maintain the no comments status, till the police make their move first. The solicitors feel there is a high likelihood the case will be dropped when they summarise and review all the evidence they already have.

I am due to appear at the station, on Feb 5th, for rebail. Having read up about most cases here, it does seem like a 3 month extension is what I could expect.

I am pretty much settling in, and planning to continue with my life and business as normal, without letting this put a pause on my life.

[panda]

if charges are pressed, then what?

Hey Panda,

Whats the latest?

Hey GB.. I have updated the status in the previous post.

I do have a doubt though, based on some stuff that the lawyers discussed, that went clean above my head!

Assuming a worst case scenario where they do decide to press charges

1. They will contact the FA, and inform her that she needs to attend trial, correct? My gut feeling is that she will tell them she doesnt want to take the stand. For several reasons; she is lying + lot of her foul play would come out and she will be confronted with it + she has no reason to want me to goto jail + she cant be stupid enough to commit perjury in court. Hopefully.

One main point that dint occur to me, till today, was that she knew I was to leave the country, early next morning. When she was stranded at the airport, after I cancelled her ticket, her primary intention would have been to make sure I dont make my flight either! I guess she knew I would be taken into custody and detained long enough for me to miss my flight, but I doubt she realised that the procedure was this elaborate, and that I would be put through these months of torture! Doubt she even knows whats going on, now.

At the stage when CPS decides to press charges, if she says she doesnt not want to take the stand, what happens? Does the CPS drop the case, by default? Or would they continue with what little they have? Or will they force her to the stands?

2. Assuming charges are pressed, and she agrees to take the stand, can my solicitors still turn over evidence/statement from my defense, prior to the trial, so that the CPS has sufficient information to reconsider the case before trial?

All this may sound silly, but I have no clue how this goes, though I have heard off several cases where a case is dropped before going to trial, although charges were pressed. Under what scenario, does that happen?

Would be great if one of you could throw some light on this.

Thanks, guys! Have a good weekend, or whats left of it!

[tiger mum]

Hi Panda - we are in the same situation as you, we've been playing the waiting game to see if the CPS will progress with a prosecution against my son. At the moment the police are still gathering their evidence to send to the CPS - he answered "No Comment" in interview as you did. About 3 weeks after the alleged rape I tracked down the barrister who had just successfully defended a celebrity against a false allegation - only time I've ever read the Mirror - has its uses! He gave the following advice regarding trying to put your case forward post interview but before the CPS make a decision

Before someone is charged with a criminal offence in this sort of situation the main thing that can be done by the defence is to write a letter of representation. That is a letter setting out why the person should not be charged. It may set out the weakness in the evidence and/or public interest considerations.

However my son's solicitor felt that whilst investigations were still continuing, the best thing to do was sit back and let the investigation run its course. 8 weeks later we are in the same situation, but we do know there is no DNA evidence. As far as we know the CPS have not been given the file as the evidence against my son is still being collated. In my darker moments I fantasise that the hold up and delay is because the girl's story is being fully investigated as we suspect there is more evidence that she has made it up than evidence a rape occurred.

So it seems that in the absence of your version of events - due to the fact you answered "No Comment" the police have her word against yours. But if there is evidence you have, that the police do not know, then it makes sense to ensure they have the full picture. However, before they decided to arrest my son I provided facebook evidence to the police which they used to interrogate him with - they even said - You're answering NO COMMENT but your mum has told us this? Like I was siding with girl who was making the accusation. Dirty underhand tactics to use with a 14 year old! What I didn't know at the time was the girl had provided parts of the same facebook conversation - they didn't have to use the print out I'd carefully made from screen shots - but the evidence they had from her mother was edited to incriminate my son. I didn't find this out until after the interview so you can imagine how I felt!

So to cut a long story short - if you are going to give the police anything to try and influence the investigation, anticipate they will use it against you as that may be all they have to go on. Also make sure you get lawyers and barristers etc to weigh up the benefit as the two I've engaged don't agree on this point. However, I asked the barrister who had got the celebrity case thrown out "what could the accused have done differently to stop this prosecution in his tracks?" and he said mentioned the letter of representation as above - maybe worth while for us? The difference is in our case we do have some feedback about the investigation as my son's solicitor keeps ringing the OIC for updates and the witnesses the police are interviewing are his friends and the appropriate adults in the interviews are their mum's (i.e. my friends). When I apply logic and common sense to our situation I feel relief - then I remember how vulnerable we are regarding the underhand tactics of the police and the biased legal system.

Good luck x

.

[panda]

police & letter of representation

Hi Panda - we are in the same situation as you, we've been playing the waiting game to see if the CPS will progress with a prosecution against my son. At the moment the police are still gathering their evidence to send to the CPS - he answered "No Comment" in interview as you did. About 3 weeks after the alleged rape I tracked down the barrister who had just successfully defended a celebrity against a false allegation - only time I've ever read the Mirror - has its uses! He gave the following advice regarding trying to put your case forward post interview but before the CPS make a decision

Before someone is charged with a criminal offence in this sort of situation the main thing that can be done by the defence is to write a letter of representation. That is a letter setting out why the person should not be charged. It may set out the weakness in the evidence and/or public interest considerations.

However my son's solicitor felt that whilst investigations were still continuing, the best thing to do was sit back and let the investigation run its course. 8 weeks later we are in the same situation, but we do know there is no DNA evidence. As far as we know the CPS have not been given the file as the evidence against my son is still being collated. In my darker moments I fantasise that the hold up and delay is because the girl's story is being fully investigated as we suspect there is more evidence that she has made it up than evidence a rape occurred.

So it seems that in the absence of your version of events - due to the fact you answered "No Comment" the police have her word against yours. But if there is evidence you have, that the police do not know, then it makes sense to ensure they have the full picture. However, before they decided to arrest my son I provided facebook evidence to the police which they used to interrogate him with - they even said - You're answering NO COMMENT but your mum has told us this? Like I was siding with girl who was making the accusation. Dirty underhand tactics to use with a 14 year old! What I didn't know at the time was the girl had provided parts of the same facebook conversation - they didn't have to use the print out I'd carefully made from screen shots - but the evidence they had from her mother was edited to incriminate my son. I didn't find this out until after the interview so you can imagine how I felt!

So to cut a long story short - if you are going to give the police anything to try and influence the investigation, anticipate they will use it against you as that may be all they have to go on. Also make sure you get lawyers and barristers etc to weigh up the benefit as the two I've engaged don't agree on this point. However, I asked the barrister who had got the celebrity case thrown out "what could the accused have done differently to stop this prosecution in his tracks?" and he said mentioned the letter of representation as above - maybe worth while for us? The difference is in our case we do have some feedback about the investigation as my son's solicitor keeps ringing the OIC for updates and the witnesses the police are interviewing are his friends and the appropriate adults in the interviews are their mum's (i.e. my friends). When I apply logic and common sense to our situation I feel relief - then I remember how vulnerable we are regarding the underhand tactics of the police and the biased legal system.

Good luck x

.

Well. Like you have mentioned yourself. Despite you giving facebook evidence, they did not really use it in his favour.

"However my son's solicitor felt that whilst investigations were still continuing, the best thing to do was sit back and let the investigation run its course."

Exactly what my solicitor and barrister have together decided; To maintain "Status quo". So, thats what we are going forward with, till the CPS decide if they are pressing charges.