My Father

[staying.positive]

Thank you in advance for everyone who takes the time to read my post - I'll try to keep it short.
Unfortunately my father's side of the family have always had sibling problems and one of my father's half sisters in particular has despised my father for a long time. The reasons behind this are due to my grandfather, jealously but most of all MONEY. All of my family cut off contact with her many years ago due to her spiteful behaviour, until a couple of years ago when I decided to track her down thinking she may have changed. It went badly, and after a heated argument she threatened to make my life hell, and she did.
A week later she made a report to the police that my father had abused her 35 years ago. I was so shocked at how the police treated my father and tried to twist his words to make him look guilty. His solicitor reassured us all that because there was no evidence that nothing would happen. For two years we went through hell, and the trial which took place 2 months ago lasted 1.5 weeks. She had no witnesses, and half way through said she didn't want to continue, but CPS convinced her to. Lie after lie, (my father's barrister was legal aid so did a crud job by always coming in late) the trial came to an end and after 4 days deliberation the jury 10-2 reached a guilty verdict (5 years). We have all been in shock since and my entire family are devastated.
I've conversed with many solicitors regarding this case and it seems that appeals are based on either fresh new compelling evidence or a serious error in trial. I have had an array of quotes - ranging from 5K - 70K. A few of them have spoken to my father but it extremely difficult to decide who would be best.
My father is old - he's having the darkest days of his life and is confused at what has happened to him. I feel dreadful that if it wasn't for my curiousity then this could potentially never have happened, but all my family say she had been scheming her revenge for a long time. I know she's happy now that she's got her compensation.
I've since come to realise that there are 1000's of others in this situation and my heart goes out to every one of you in this hard time.
I would appreciate any advice. I have gotten to know how to appeal process works thoroughly, but what would be the best way of going about it now. It's one shot and I want to make sure we give it all we've got!

[Rights Fighter]

Hi there and thank you for posting

I assist several solicitors at trial and appeal and have done for 12 years.

I don't know if you have checked out the solicitor in my 'signature' - if not he is worth a go. His private costs are very modest compared with some.

Appeals can be won on fresh evidence, or something that went wrong at trial or a mis-direction, or missed direction by the judge during the summing up and directions to the jury.

Whereabouts in the UK are you?

[staying.positive]

Hi Rights Fighter,

Indeed. He actually visited my father in prison yesterday but it seemed that my father's hopes were crushed after this meeting.

I am located in South London.

[Rights Fighter]

Had he read through all the paperwork? I am surprised that Chris would crush somebody's hopes without first seeing the paperwork.

[staying.positive]

Hi,

No not as of yet. But with it just being based on one persons word against another, there's no fresh evidence that can be bought to light. So unless there was an error in the summing up its unlikely the permission will be granted

[Rights Fighter]

Right. Just spoke with Chris.

People in your dad's situation, who know they are innocent often believe that there is an automatic right to appeal. They also believe that the Court of Appeal will rehear the evidence and come to a conclusion based on that. Sometimes they believe something that happens at trial is not right - when it is in fact perfectly lawful. For instance a complaint could be made that the complainant gave evidence via video link - the defendant believes that this is wrong and unfair. Unfortunately this is how things happen.

Also, some people believe that evidence that was available at the time of trial, but not used should be put at appeal. Again, it is very rare that the Court of Appeal will accept evidence that was available. Having said that I've been heavily involved with two appeals where evidence that was available before the trial WAS accepted by the Court - but as I said that is rare.

Unless Chris sees the paperwork he cannot come to any view with regard to grounds and/or arguments.

[Rights Fighter]

Hi,

No not as of yet. But with it just being based on one persons word against another, there's no fresh evidence that can be bought to light. So unless there was an error in the summing up its unlikely the permission will be granted

Is the complainant and her cohorts on Facebook, Twitter or any social networking sites? One trial was stopped on the 2nd day last October after evidence I obtained from the liars' Facebook accounts and her friends / family was put to the CPS and the judge. The judge actually told the OIC to tell the complainant that the trial would not be proceeding because she "is not a witness of truth".

Another case, an appeal, when the Appeal Court were deciding whether to go for a retrial our barrister held up a bunch of printed out social networking evidence I had obtained and said if we go to retrial we would be using it as it would be admissible. No retrial was ordered.

[Unhappy]

CPS Rape Policy

Is the complainant and her cohorts on Facebook, Twitter or any social networking sites? One trial was stopped on the 2nd day last October after evidence I obtained from the liars' Facebook accounts and her friends / family was put to the CPS and the judge. The judge actually told the OIC to tell the complainant that the trial would not be proceeding because she "is not a witness of truth".

Another case, an appeal, when the Appeal Court were deciding whether to go for a retrial our barrister held up a bunch of printed out social networking evidence I had obtained and said if we go to retrial we would be using it as it would be admissible. No retrial was ordered.

Hi

I have extracted the following paragraph from the CPS web site on their policy concerning Rape -http://www.cps.gov.uk/publications/prosecution/rape.html

"Proving the absence of consent is usually the most difficult part of a rape prosecution, and is the most common reason for a rape case to fail. Prosecutors will look for evidence such as injury, struggle, or immediate distress to help them prove that the victim did not consent, but frequently there may be no such corroborating evidence. This does not mean that these cases can never be successfully prosecuted, but it does mean that they are more difficult. In the absence of any other evidence to help prove the victim did not consent, there is the possibility that some cases may fail to meet the evidential stage of the Code for Crown Prosecutors"

The above paragraph effectively means the Police and CPS do not need an evidence to prosecute someone for committing rape and leaves it to the jury to decide, which will explain why 45% of rape cases end with the acquittal of the accused.

It is very strange that the BBC reports that rape has increased by 27% in the last year while none sex crimes dropped to their lowest levels since 1981 -

http://www.bbc.co.uk/news/uk-28340196

I know from my own experience that the police and CPS will try and make a minor domestic incident into a big rape case.

Also, someone made a comment earlier how could I have been sentence to 38 years in prison in prison for allegedly raping my ex-wife.

The answers is 1 x Multiple Rape 18 years and 4 x individual rapes at 5 years each.

If I was found guilty and given consecutive sentences the total would then be 38 years.

This is exactly what happened to the paedophile Ian Watkins who was sentenced to 35 years in prison for multiple attempted rapes.

[whatsgoingon?]

Hi staying.positive. I'm so sorry to hear of your father's situation. It's incredible how destructive and vicious a family member can be, especially when it's to do with inheritance. Chris has a great reputation and I'm sure if he is looking into your Dad's case, he'll do it thoroughly. Are you sure there is NO evidence - liars often get times and dates, places and circumstances wrong. One member's accuser dated her imagined rape when he was out of the country (with proof) Are there other members of your family who could help you put your mind to every little detail?

This isn't a criticism, but I just want to pick up on something you said in your first post for the benefit of others: '(my father's barrister was legal aid so did a crud job by always coming in late)'

We had a solicitor and barrister on legal aid - both absolutely brilliant, both highly experienced and recommended on this forum in the London area. Although their time was at a premium they really gave it their all and we had a successful outcome.

I keep my fingers crossed for you and your dad that fresh evidence will come up.

[Rights Fighter]

Hi

.........................

It is very strange that the BBC reports that rape has increased by 27% in the last year while none sex crimes dropped to their lowest levels since 1981 -

http://www.bbc.co.uk/news/uk-28340196

I know from my own experience that the police and CPS will try and make a minor domestic incident into a big rape case.

Also, someone made a comment earlier how could I have been sentence to 38 years in prison in prison for allegedly raping my ex-wife.

The answers is 1 x Multiple Rape 18 years and 4 x individual rapes at 5 years each.

If I was found guilty and given consecutive sentences the total would then be 38 years.

This is exactly what happened to the paedophile Ian Watkins who was sentenced to 35 years in prison for multiple attempted rapes.

Very unlikely that anybody would be sentenced consecutively to the main Count. Usually the highest sentence is then run concurrently with the others.

Ian Watkins was completely different as he had intended to carry on abusing babies/children and there was evidence that he intended to have children with various partners for that sole purpose, and he actually said that in his conversations online. Any children he might have would not know they are people and would be used as sexual objects.

It depends on the risk to the public. The higher the risk (usually) the higher the sentence. Watkins appeal against sentence failed, and rightly so.