Dad falsely accused of sexually assaulting sister-Solicitors are a shambles

[ashm3110]

Hi,

This is my first time posting on any forum ever but I would just like to thank the people that have contributed on other threads as they have been a amazing support structure over the last year or so.

My dads trial starts in nine days and this evening he has been arrested due to advice from his solicitor. This is the last straw of incompetence that has finally broken my resolve and hope.

This all started out about July/August last year. My dad who lives with my gran was arrested because of accusations made by my sister. This all stemmed from my sister seeing my dad with my fiancee and newborn(at the time) daughter at the coffee shop about a year ago. As messed up as this sounds it's the truth. I could go into more detail about the history of my family and what not but I will just try to keep it simple for the readers sake.

My sister left my dads house 3 years previously after she started a relationship with one of my dad's friends and obviously this caused a bit of upset and they had not talked since.

The same day as seeing him at the cafe, the police were around the same night. They took his computer phone etc and would not talk to anyone else in regards to the accusations, especially the only possible witness my Gran.
After keeping him in for 2 days and interviewing him he was released and then eventually charged with 3 counts of rape, sexually assault and then some rubbish about some anime pictures which they have just included to paint a picture of my dad as some rapist.

We had come to grips with regards to the charges, my sister is a manipulative and compulsive liar and we had evidence which refutes her claims as my dad had been operated on (Down below) on the day of the accusations(am not making this up) Obviously once this was shared with her solicitors they changed the date by a year therefore making that evidence irrelevant. As the year has gone on she has changed her story countless times its unreal, but now it seems that they have realized it will be difficult to get my dad on the rape charges(as it never happened) so they have offered him a deal of incest which he point blankly refused( which his solicitor is not happy about).

Now it seems to me that his solicitors and barrister have done literally nothing for the last 6 months, he has probably had about 4 20 to 40 minute sessions where they have told him the same thing again and again. They have not spoken to anyone on my dads side, not even character witnesses or my gran who is technically the only possible witness. Their incompetence has concluded in tonight's events. As my dad has recently had pneumonia he has not been well and would struggle to get to ***** court (which is about 2 hours away) without myself or my fiancee driving him. he was to attend court on Tuesday to cut his first statement down to an hour from 3 but was not well. The solicitor said a sick note would suffice but then it was quickly rejected by the judge today. My dad was warned to hand himself into the police station today (by the secretary) as a warrant would be out for his arrest. The police station is a hour out of the way so he decided to wait to speak to an actual solicitor before he went. Now this is my first experience of anything to do with the law and solicitors so correct me if I am wrong in saying this is one of the most stupid pieces of advice ever given. His solicitor said that the chances of the police picking him up were very slim so he should wait until Sunday night to hand himself in as he would be in court on Monday anyway. The guy has been a prisoner in his own home for 7 months, the police know this so of course they were going to come arrest him!

Now apologies for the rant, but I guess I'm just really looking for any advice. Is it too late to seek other legal representation? I honestly can say that they have done nothing for him other than offer him to admit to a lesser evil regardless of whether he is innocent or not and they don't even have a website for god sake! Is this the way the law works? A girl accuses a man of doing something and her word is just taken as gospel?

Thanks for any reading and any advice given.

Kind regards,

Ashley.

Apologies for any grammatical errors, I am writing on pure anger.

[soulbug]

Hi Ashley, there are lots of people that will be along to offer advice, but could you offer some rough dates as to how many years ago are these allegations from and how old will your dad of been when these allegations are alleged to of taken place? as a old doctrine called Doli incapax may apply as it did in my case.

[Casehardened]

Hi Ashley,

Welcome to the forum especially as a first time contributor!

I've removed the name of the court in your post in view of the fact that the trial is upcoming (as this is an open forum and we don't know who else might be looking in!)

This is my first time posting on any forum ever but I would just like to thank the people that have contributed on other threads as they have been a amazing support structure over the last year or so.




Now apologies for the rant, but I guess I'm just really looking for any advice. Is it too late to seek other legal representation? I honestly can say that they have done nothing for him other than offer him to admit to a lesser evil regardless of whether he is innocent or not and they don't even have a website for god sake! Is this the way the law works? A girl accuses a man of doing something and her word is just taken as gospel?

I am just a little puzzled here; if you have been viewing this forum for the last year surely you have noted the advice that is incessantly given of ensuring that one's solicitor is experienced in defending false allegations of rape?

If your dad's solicitor doesn't have a website how would he know their capabilities; did he just go with the duty solicitor allocated when he was originally arrested?

Anyway that is now water under the bridge, it's what to do now what is important. Sadly there are many folk who have been wrongly convicted and if this is due to failings in their legal team it is even harder for them to cope with.

It is relatively easy to change solicitors pre-charge but now at this stage I believe it would have to be via an application to the court. If your dad wanted to do this he would have to (a) approach an appropriate firm who would be would be willing to act for him and (b) ask them to submit an application for transfer of legal aid funding.

The difficulty is if it can possible for a reputable firm to pick up the reins and run successfully with this case in the few days remaining? A decent firm will be already very busy and just won't have next week free to solely concentrate on this case. However if you want to have a ring round have a look at members recommendations (or otherwise!) in this thread:

http://www.daftmoo.org.uk/mooforum/s...ist-solicitors

If you decide to stick with his present solicitors then (and forgive me for being blunt) your dad must be more pro-active in his defence. We always advise members to write everything down that can possibly help their defence including the names of any potential witnesses and let the solicitor decide what is admissible. It is not too late for him to do this and then have another meeting with solicitor and barrister to discuss the defence strategy.

Forgive me if I have misunderstood your post but the impression I gleaned is that your dad has rather sat back and let things just roll on, not attending court is especially crass (though I can quite understand this reluctance!) as this will unite the system, including his own legal team, against him.

Sorry if this is not what you wanted to hear, but your dad's future is at stake, he must motivate himself and his team (for instance the piece of evidence that your sister changed the date of her allegation by a year to avoid the awkwardness of an alibi is quite important)

Quite a few members have been through the ordeal of a trial and may be along to offer advice; alternatively there are some hints as what to expect in the Useful Information section of the forum:

http://www.daftmoo.org.uk/mooforum/f...ul-Information

[ashm3110]

Hi Ashley, there are lots of people that will be along to offer advice, but could you offer some rough dates as to how many years ago are these allegations from and how old will your dad of been when these allegations are alleged to of taken place? as a old doctrine called Doli incapax may apply as it did in my case.

She originally accused him of raping her in 2009, before she actually moved in with him. Obviously having realised that this doesn't add up she then changed her story to him having raped her in 2010 just before she moved out (looks more credible I guess). He is 46 now so he would have been 41. Thank you for your reply. Hope this adds some clarity.

[ashm3110]

Unfortunately you are right. He did bury his head in the sand so to speak due to sever depression and ill health. The problem we have now is that he is going to be stuck in a cell until the start of the trial (a week away). We are not sure what rights he has to do anything from there. We aren't even allowed to see him.

The evidence that we have (including letters and exact dates) we feel are crucial but the solictors are just dismissing this evidence. How can we submit this without their backing? There is also the key witness here to consider. My gran was the only other person living with them and would have been in the house at the time of the alleged rapes. No one has even bothered contacting her yet, including the solicitor/barrister. Can we insist upon being called to the stand to give the evidence we feel important? Can we insist upon at least a statement from my gran to be submitted to the jury?

Thank you for your reply and yes we are aware that dad has been his own worst enemy thus far. But he doesn't deserve any of this as I'm sure none of the members of this forum did.

[Rights Fighter]

Hello ashm3110

As CH has said it will be too late to change representation given the trial is only days away. Back in the old days (a few years back) it was possible to change solicitors even days before trial and new a trial date arranged months in advance so that the new sols/barrister could familiarise themselves with the case. This no longer happens.

If he is on legal aid then he will just have to go through the trial and push for the sols/barrister to take into account any potential witnesses. If he can afford to pay he might, just might be able to change reps. However, at this late stage it is unlikely I have to say.

Charges could start at around £20K depending on the complexity of the case, depending on whether expert witnesses are needed, his GP to give evidence that the day in question he was having an op, etc. Having said that, paying privately does not always guarantee the best representation - I know because I have assisted people in the past who have paid out thousands only to be convicted, after the reps failed to carry out certain instructions that would have been necessary and admissible as evidence.

I wish you the very best of luck. Such a pity you didn't post earlier but I do understand how difficult it is.

[Indigo]

Hi Ashley,

Having been in this situation myself I can only give advise on my own personal situation.
You can ask your dad's solicitor to put you on the stand but as a family member it will not count for much unless you have key evidence.
The best you can do is get as much information as you can times, dates, events of the day in question and try and put a picture together
for the jury as they are the most important people in that room.

Unfortunately there does not have to be any proof in this type of case. It is a terrible situation for your dad to be in, believe me I have been there.
It will affect you all and even if he wins, for him it will not stop there. Their is no sense of winning or loosing just nothing and this is when you will
have to be at your strongest for him.

I wish you all the very best and hope you can remain strong for your dad.

[Rights Fighter]

Hi Ashley,

........................Unfortunately there does not have to be any proof in this type of case. It is a terrible situation for your dad to be in, believe me I have been there.
It will affect you all and even if he wins, for him it will not stop there. Their is no sense of winning or loosing just nothing and this is when you will have to be at your strongest for him.

I wish you all the very best and hope you can remain strong for your dad.

Absolutely. For an innocent defendant there are no winners because the emotional after effects, not to mention practicalities if he's lost his job, and can't get it back due to the allegations, and if he was named in the press, are enormous.

Please Ash do keep posting during the week because the one thing we can offer you on here is support.

[ashm3110]

re

Thank you for your replies. Silly question but what is classed as key evidence in this sort of case? It seems to me this is just a bit she says he says sort of thing. She can seem to change her story whenever it suits her and that is taken as the truth.

Thanks.

[ashm3110]

thank you for your kindness

Can I just say thank you to all who have replied with advice and support.

We are currently gathering all that we have and trying to be a bit more forceful with the sol/barrister. We are all too aware that essentially, it all comes down to "12 honest men (and women)."

Unfortunately, not only was my dad's name printed in the press, but his home address was also given, having dire consequences for the family. He has been unable to leave his home for months now as the press painted a very guilty and sinister picture of him, omitting very important details in his favour. He is going to have to relocate after the trial (assuming he is acquitted) but has had to wait for fear of his new address being stated in court and then again, printed in the press.

I will post updates of his case in the hope that anyone in the same situation can take advice from this and learn from our experience. I have the upmost sympathy for those who have been involved in similar cases either themselves or via family/friends. It really is the case that the bitter rantings of an unstable girl can ruin many lives. Unfortunately, it is also the case that "innocent until proven guilty," is an idealist falsehood, that you do not realise is a complete lie until you or someone you love has been falsely accused of a crime.

[Rights Fighter]

Key evidence - alibi evidence; is she on Facebook? If so has she said things along the line of: "I am so traumatised I can't leave my house?' If there are photos of her partying this can be used in evidence. Facebook evidence got a trial stopped in October last year the the accuser was told by the OIC that the trial could not proceed because she 'is not a witness of truth'.

Also anybody who was present at the date/time of the alleged assaults.

If sol/barrister refuses to use evidence write down what it is and ask them to sign, agreeing that they refuse to use it. It could be useful at appeal should he, God forbid, be convicted.

[ashm3110]

Thank you RightsFighter, as it happens there is exactly that kind of evidence on Facebook, such as photos of her appearing completely unphased and partying. She has also been frequently visiting friends houses just a one minute walk from my dads house despite the fact that she claims to be "too scared" to visit the estate on which he lives.

We have been print screening her facebook profile for months now. We have also been gathering evidence of the abuse that has been directed toward him on Facebook in the hope that the press will be forced to retract the falsehoods they printed about him.

Thanks for the advice on the evidence that wont be used by the sol. We really do feel that it is crucial and would have had no idea how to go about this. Just wish we could have gotten such advice sooner.

[Casehardened]

Unfortunately, not only was my dad's name printed in the press, but his home address was also given, having dire consequences for the family. He has been unable to leave his home for months now as the press painted a very guilty and sinister picture of him, omitting very important details in his favour. He is going to have to relocate after the trial (assuming he is acquitted) but has had to wait for fear of his new address being stated in court and then again, printed in the press.

I an so sorry to hear this, such publicity is one of the worst results from a false accusation, and of course it makes my earlier deletion of the name of the county court somewhat nonsensical.

The only comfort is that the general public are only really interested in the 'celebrity' accusations and those who know your dad personally can be divided into those who believe in his innocence and those who don't; the latter group can be ignored after an aquittal; as the old saying goes, he will now know who his real friends are.

[Indigo]

Do not forget the solicitor is there to work the case for the barrister, and they are the go between for you.
You can yourself ask the barrister when you meet them in court before it starts, if you can be put on the stand as a character reference and close family member.

that's what my sister did and in the end her testimony was brilliant, do anything and everything you can to help, as I can assure you at this point in time all your dad
will be thinking about is what is it like in prison, and will he survive it. I couldn't think of anything else apart from why?

He will be very frightened and probably not willing to accept anything that is happening to him, but assure him you stand by him 100% an want him to focus and fight back.

[ashm3110]

He has actually just phoned to say that he is doing okay and that the likelihood is that they will keep him on remand until the trial (for fear of him skipping court). We do actually have the booking confirmation of the hotel that we have paid for near the court the week of the trial as proof that he has every intention of going.

In terms of character references, I am hoping to stand as his son, and can vouch for what kind of father he has been to me and what kind of grandfather he has been. I can also verify his attitude and behaviours toward my sister, having seen absolutely no evidence at all of such wrongdoings. My fiancée is keen to take the stand. She is a young female who spends a lot of time with my father and is of a similar age to my sister. She can say how she trusts him 100% and how he has never been inappropriate or made her feel uncomfortable in any way. Again, she can vouch for his being a fantastic grandfather to our daughter. My mother (who is not in a relationship with my father, nor has she been for over 25yrs), is willing to be a witness to the case, as she regularly visited my fathers home at the time of the alleged rapes. She is able to say how the girl in question showed absolutely no fear of my father and was actually "happy" in his company. She will also be able to verify him as a parent. Then of course, there is my Gran. The only key witness, having been living with the two involved at the time. We just hope the barrister will agree to us being put on the stand.

We are ready to fight this for him, and do what we can, where he cannot. I do not doubt for a moment that he will be having those kind of thoughts, especially given his current mental state - he is severely depressed unsurprisingly. I am exceptionally fearful for his emotional well being over the next week on remand, and especially in the case of him being convicted god forbid. Does anyone have any further advice on this aspect?