Hi, just a quick update, my brother appeared at court yesterday, the judge said he wants to meet with another judge to discuss the case, again by all accounts he seemed confused, he has also said he wants someone to visit my brothers ex wife and child to explain what will happen at court (as there will be no special measures) and also what will happen if found to be lying, also he said the case could possibly be dealt with without going to trial. Has anyone any ideas what all this means? Thanks guys
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Originally posted by Spectre View PostHi, just a quick update, my brother appeared at court yesterday, the judge said he wants to meet with another judge to discuss the case, again by all accounts he seemed confused, he has also said he wants someone to visit my brothers ex wife and child to explain what will happen at court (as there will be no special measures) and also what will happen if found to be lying, also he said the case could possibly be dealt with without going to trial. Has anyone any ideas what all this means? Thanks guys
Do you think your sister-in-law knows someone in the police force? It sounds like she's getting an awful lot of her own way.
As far as your brother's court appearance goes, this is how it seems to me though I have to say I'm not legally trained.
The judge is confused, wants to check it all out with a peer - normally when it gets that far, there shouldn't be confusion (the judge in our case was also confused but I don't think he sought the opinion of another judge - there was definate trickery going on there )
He wants someone to visit your brother's ex and child to explain court etc and the implications of them lying. Well, in normal circumstances this just wouldn't be the case, generally the alleged 'victim' is assumed to be speaking the truth. In this case, it seems to be just the opposite.
No special measures... I'm not sure what is meant by that though it may mean that she would have to give evidence in the court-room without being screened off and without video link. I'm not sure if this is an automatic right or a discretionary one.
All in all, it seems to me that he has serious doubts as to the reliability of the prosecution evidence - that is her story. What does your brother's sol think?Last edited by whatsgoingon?; 2 December 2014, 09:41 PM.
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Hi thanks for your reply, My Brother's solicitor is unsure of the reason the judge wants to meet another judge, she said it maybe he is unsure but then could be he wants to run it by a more senior judge, either way my family are trying to see it as a positive.
His solicitor has also got a more senior barrister for my brother as his initial barrister said the case is maybe a bit to big for him and doesn't want to hinder my brother's chances, his new barrister is female, so he now has an all female team representing him, his solicitor knows he is been set up and has vowed to fight tooth and nail for him, and that is all we can ask for as its reassuring to know a solicitor will do that.
As for his ex wife knowing someone in the police force, that is a certainty, one officer has even called and visited my brothers girlfriends to "talk" about my brother, the officer's name has been reported to the IPCC though I am not sure what will happen there as they forwarded my brothers complaint (that I made for him) to the PSD.
We are trying to look for positives as my brothers is now very ill, he is disabled and cannot always control his bowels and has been ridiculed by people, you know how people can be even prison officers, but it is hard for us to find any positives as this all seems to be one way as you said and he cannot see anything other then been found guilty as he is on remand and he doesn't know how that happened, we try to reassure him best we can, I really appreciate all the help and advice I receive on here, and I thank you all on behalf of my brother and family
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It's extremely positive that he has a really good (and honest) legal team fighting his case and that they are prepared to put themselves out for him.
It's also very positive that you're on the ball.
Is your brother receiving appropriate and adequate medical treatment? Do you have reason to believe that his condition if being aggravated by being in remand and that his health is being put seriously at risk? If so, is it measurable? What could be done to improve his condition while this is all going on? Is there not an alternative to him being on remand for instance? These are things you should discuss with his solicitor if you haven't done so already
I think you have to remain hopeful and try and give him hope as much as you can. Try and come away from the situation from time to time, do something totally absorbing and enjoyable. The better you cope, the more you'll be able to help him.
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He has been taken to hospital to be checked up on and things, at no point has anyone mentioned an alternative to remand, he was actually given bail but the prosecution appealed it straight away, he is currently waiting for postal orders sent over a week ago he has received his birthday cards and letters sent with them but not the postal orders they are looking into it apparently, this is not the first time its happened either.
My Mum visited him today, he is a nervous wreck by all accounts, he did not smile once and was very upset as he sees no end to this.
Sorry about the delayed response I have been busy past couple of days with work.
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Hi guys, just a quick update on my brother's on going situation, the latest is that his barrister has advised against an application for bail and also scared the life out of him for saying she has a mountain to climb and has a real fight on her hands, also adding that he faces 16-18 years and to prepare for the worst..
This has shook my entire family to its foundations as if the barrister says that when his legal team are 100% behind him as they know its all a set up then what real hope does he have? My brother is now also on he well being wing as when he had his last visit from my mum the medical staff and prison officers were waiting for him after the visit to escort him to his cell, as there is a witness to a conversation between 2 people discussing my brother and that 1 of the parties were going to completely slice him up, and the prison are currently investigating this person's contact with my brothers ex wife.
Anyway back to his legal team, they are behind him but I get the feeling this is to big a case for them, they are not a large firm, I trust them to do their best but I am concerned lately as I cannot seem to get in touch with them to inform them of what is currently happening in the prison, I ring their emergency number and it never gets answered.
I changed his solicitor to aid him and I feel I may have hindered him, is it a bad idea to look for a specialist in these false accusations as others have mentioned in other posts or do I hope my feeling is wrong? I would never forgive myself if I have made the wrong decision and it costs my little brother so many years of his life.
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Hi Spectre... Re your solicitor... I would say go for a specialised solicitor . My experience is this: my son was given a card by the duty sol of another sol who seemed very nice, etc, who told us it wouldn't go anywhere.. 6 months later my son was charged, to our dismay and on this site, I was advised to go for a specialist sol. My son (over 18) was reluctant to he was in shock which led to inertia. I went to meet the sol and alarm bells rang mega-clangs. Not only had the guy misinformed us on some vital information, but he was now insinuating that there was evidence against my son (due to the fact that he hadn't read the forensic report correctly) and the stance he was taking on the case seemed completely wrong. My son immediatly changed solicitors only weeks before the case. From then on we had renewed optimism and he was unanimously aquitted by the jury. We still dread to think what could have happened had we not changed solicitors.
I don't want to put the fear of god up you, but these court cases are really serious events. If your brother is innocent, he can't afford to have anyone below par representing him.
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Originally posted by Spectre View PostI changed his solicitor to aid him and I feel I may have hindered him, is it a bad idea to look for a specialist in these false accusations as others have mentioned in other posts or do I hope my feeling is wrong? I would never forgive myself if I have made the wrong decision and it costs my little brother so many years of his life.
if you decide to look for a specialist please be VERY careful who you pick. Check out the recommended specialists as opposed to those who talk the talk and have appropriate sounding company names.
In which area will the trial be held?People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk
PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/
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Originally posted by Spectre View PostThank you for your reply and also the link I shall be reading that this evening.
His ex wife is posting his things on a Facebook selling page with comments like "it was my ex husbands lol".
It sounds like his ex's Facebook might be a good source of evidence for the defence. It is an odd thing to post on there given he is supposed to have committed these awful crimes..... I suggest you screenshot them and save them into a designated folder and once you have a few (showing a pattern) they might provide some useful cross-examination.....People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk
PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/
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Originally posted by Spectre View PostIn which area will the trial be held?
Humberside, I really haven't a clue what best to do
Can he afford to pay privately, bearing in mind he won't get much of it back, if any it the jury come to not guilty verdicts? You're looking at over £40K for a good solicitor. Chris Saltrese's costs are a bit more but include a QC (or barrister)People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk
PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/
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No he could never afford that, he was claiming incapacity (I think that's what it is called) as he is disabled but his ex wife got all that stopped also, though I am not 100% sure how (I know it may sound like I am making it up but I really aren't, this is the effect she has had on his life), his ex wife has also sold her house and things so I will assume it is to pay for the best possible people to help her, and I know at the end of all this that she will be going for compensation as I truly believe it is all financially motivated, she knows the law inside out by all accounts and knows what she will be entitled to go for, also she has police friends and now we have also been told she is friends with the local MP and his wife, the thing is she is up to so many things that break the law, yet all these people seem to fall over themselves to aid her, and my brother cant get anyone to listen to him, hence why he believes he cannot win this, and when his barrister tells him she faces a mountain to climb, and to prepare for the worse then she may as well say to him "give up"
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Originally posted by Rights Fighter View PostIt sounds like his ex's Facebook might be a good source of evidence for the defence. It is an odd thing to post on there given he is supposed to have committed these awful crimes..... I suggest you screenshot them and save them into a designated folder and once you have a few (showing a pattern) they might provide some useful cross-examination.....
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Originally posted by Spectre View Post....................his ex wife has also sold her house and things so I will assume it is to pay for the best possible people to help her, and I know at the end of all this that she will be going for compensation as I truly believe it is all financially motivated, ...................
She won't be paying for the prosecution, the tax payer will.
If she is going for compo then the sol should be asking for details of her claim. She might have even made it by now......People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk
PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/
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Originally posted by Spectre View PostI have a folder full of screen shots, there is stuff of facebook and also gmail, as his gmail profile has had just under 10500 views but he only has 3 people in his circles, 6 have him in theirs his ex wife included, I also did a reverse email search on his ex wife's email address, the one she always contacted him on as she has several, she comes up as a completely different person living in a completely different part of the UK,
and also this email address has posted a comment on a site that sells school girl clothes for adults, I cannot find the comment as yet as there are hundreds but I am slowly making my way through the pages, so hopefully will find the comment.
Selling school girls clothes for adults doesn't mean she wasn't raped. If she is into "stuff" then that's her business, unless she claims that she is Snow white of course.......
I would appreciate it if you would write in small paragraphs as I have a problem reading blocks of textPeople Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk
PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/
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