Where to start? The saga takes an unexpected turn..

[myhome]

The hearing to vacate the plea has been put back to early April so our Barrister can attend and because the Judge wants a full hearing. Just have to be patient now....

That sounds like good news - even though there is a longer wait for you. it sounds like you have a good defence team and a fair judge. keep busy with lots of physically and mentally challenging activities to keep your mind from ruminating....

[is there justice?]

In court tomorrow for a full hearing to vacate hub's plea. Putting all our trust and hopes in Mark. Trying to make hub more positive but he is just broken now.

[Casehardened]

Best wishes to you both; I'm sure it will be ok as I recollect you mentioning that it was the judge who suggested that he should change his plea!

[is there justice?]

Thanks CH
With it being a new barrister and he wasn't there last time, to cover all bases, he advised hub that it isn't a foregone conclusion and to be prepared for anything. Personally I thought the Judge's shift in attitude towards hub was positive so fingers crossed. Even if successful we have a new trial to face unless the weight of contrary evidence causes the CPS to drop it altogether but maybe that is a bit too much to hope for.

[Rights Fighter]

Hopefully hubby has now got his head well and truly out of the sand and will listen and HEED the advice he is given. Good luck hon x

[is there justice?]

Adjourned until 23 May. Our ex legal team didn't respond, nothing from ex sol and ex barrister said she hadn't been sent the waiver although she had.
Judge is now writing to them to ask for response. CPS is strongly opposing vacating the plea. It was stressed by the Judge that it was a most unusual thing to do but she had instigated it.
Told hub that she was sorry to prolong his ordeal but had to try and get response from previous legal team. She also said if the plea wasn't successfully vacated he would be sentenced in May.
Mark Barlow was great, very reassuring, on the ball, calm and confident.
There was interesting discussion re the SOR too but I'll write more tomorrow. Six hour journey back and we are shattered.

[Rights Fighter]

If he cannot vacate the guilty plea and he goes on to be sentenced, hopefully there might be grounds to appeal the conviction that the plea vacation should have been allowed. Ask Mark if that would be possible.

[is there justice?]

If he cannot vacate the guilty plea and he goes on to be sentenced, hopefully there might be grounds to appeal the conviction that the plea vacation should have been allowed. Ask Mark if that would be possible.

Thanks RF, I don't know if it would be possible but I will certainly ask him. He has an easy way with him in court, unhurried and confident but respectful. Just wish hub had changed when he had the chance pre trial. Mark is certain a case could not have been proved. There is complete agreement that the ex barrister lacked experience but the CPS are saying hub was a mature man who understood the plea bargain and was given lots of time to discuss, the truth is it was about 5 mins max of high pressure to someone terrified and dosed up on diazepam. Anyway, we will just carry on!

[Rights Fighter]

No offence hon by hubby didn't want to accept this was happening last year. Barrister Andrew was ready and willing...... and this is how it has turned out. Burying one's head in the sand is NOT the way to deal with false allegations. I do hope people reading this will take note. It won't just go away if you ignore it!!!

Mark is a lovely guy and very down to earth. He will tell you like it is. Good luck and I hope there is some way of getting the plea vacated.

[is there justice?]

No offence taken RF. You are absolutely right. I hope that it serves as a warning to others. Hub bitterly regrets not listening now he can see the difference! Hard lesson to learn.

[Rights Fighter]

Any update hon?

[is there justice?]

Hi RF

We are back in court a week Friday trying to vacate the plea. The original District Judge has had to excuse herself as she was from the same Chambers as our ex Barrister.
Our ex sol has not responded at all to the Court's request for more info but the ex barrister has. We have to go through her notes tomorrow and let Mark know of any discrepancies. There are a few, some by omission, maybe some through poor memory or guarding her back. Some things don't make sense.
She totally misrepresented our first meeting saying I was upset with hub but if you remember I posted on here about being so upset with her and sol's pressurising hub to plead guilty and you suggested Barrister Andrew but hub wouldn't change.
It's all up in the air but thanks for askingz

[Rights Fighter]

Thanks for coming back so quickly. You have my email address so please keep me updated using that.

[is there justice?]

Spent most of the day going through 35 pages of the twaddle of our ex barrister. Mainly filled with phrases such as 'I'm not sure, I don't remember, maybe I wasn't in the room at the time' and peppered with some outright untruths/ denials.
Right now I'm angry, upset, despondent. What Judge is going to believe us over a Barrister, however junior?
My only hope is that the ex sol's refusal to reply to questions has some impact. It is quite clear he didn't pass everything on to the ex barrister.
Our new Barrister is great and I wish we'd had him from the off but even with his skill he has a mountain to climb to vacate the plea.
After the 35 pages of twaddle we had to go through the 38 pages of lies of the FA and her buddy.
I'm full of a cold and just over a nasty bout of food poisoning following my daughter's 21st celebration meal at a normally excellent local restaurant so maybe my strength is lower than usual but I just want to give up and hide. Whist we go through this, the FA is unaffected by her lies. It sucks, it really does! Sorry, just had to let off steam and you guys are the only ones who understand.

[Casehardened]

The brain is a wonderful instrument; now that you have digested the facts (or lack of them!) in their statements you might well be able to sleep on it and wake up with an incisive counter argument that Mark could put forward.