would it be ok to ask for any advice for my brother who is been accused?

[Spectre]

I am wondering if it is ok to post on behalf of my brother, as he is currently on remand and obviously cannot do it himself, and I really do not know where to look for advice.

[Casehardened]

Hi and welcome to the forum,

It is quite in order for you to seek support on behalf of your brother; in fact many members are relatives and partners of those who are falsely accused.

Obviously, as this is an open forum, and especially as your brother's case is pending a court appearance, do not post any identifying information such as names and places.

[Spectre]

Ok thanks

Well I don't really know where to begin with it all but I will try to somehow shorten it all into a quicker read,

Basically my Brother's ex wife has been accusing him for various things for well over a year, anything you can think of she has accused him of, anyway he is currently on remand facing 7 charges in all, 2 of rape of his ex wife and 5 of rape of her child, 5 of the charges are on his actual wedding day, I was with him on his wedding day from about 7.45 am until they went home at about 1am, I was with him all day as I was his best man, he was questioned and bailed in January 2014 (she made her initial contact with the police in oct 2013, then made her actual statement to the police in april 2014) anyway he has been repeatedly arrested and bailed throughout the year, every time due to a complaint by her or someone she knows, then in august he went to answer bail and was informed another allegation had been made and he was to be charged and appear at court on the same day, he appeared at court and was granted bail by the judge, the prosecution instantly appealed (his solicitor said in 7 years of been a solicitor he had not come across this scenario) and was subsequently remanded and is on remand to this day.

My brother has on several occasions tried to make complaints about what is going on, only to be dismissed, his ex wife has my parents watched which the police have said they are aware of but cannot do anything about, he was arrested for driving, produced several witnesses to prove he was not in the city he lives at that time, they disregarded it all and charged him with that offence, then proceeded to change their story twice, once while actually in court to the disbelief of his solicitor, I know that the driving is nothing to do with the accusations he is currently facing but I am trying to build a picture of what he is up against, as he is facing this type of stuff constantly, I could go into real detail about it all but don't know where I stand legally in doing so, any advice would be greatly appreciated.

[Casehardened]

With the details you have provided I have moved this thread into a more appropriate section of the forum.

Obviously his ex has it in for him as usually specific allegations are made rather than being constantly added to as is happening here.

I presume that your brother has had no contact with his ex after his first arrest and bail (if he has this could explain the remand!) If not then
the question will arise why his ex did not detail all the allegations the first time she went to the police.

To keep 'remembering' extra incidents suggests either unreliability as a witness or motivation by vindictiveness. Incidentally can he think of any reason for her bitter feelings towards him; to provide a motive is always helpful in any defence.

[Spectre]

My Brother has tried his upmost to not have any contact with her, but she finds him all the time, he was living with my parents when he was remanded as if he got his own property she would find him, we believe this is due to her running a letting agency, we have found out she is now selling his stuff and also the house, he is powerless where he is that is why I am trying to find as much help as I can.

His solicitor is new and took over the case about 2 weeks ago and is only half way through all the paperwork involved with it, we switched solicitors as I found it strange he could not find any legal representation where we lived except this 1 solicitors and also the fact I have signed authority of my brother to act on his behalf with them but every time I left a message I never received any form of reply, and when I spoke to the receptionist and explained I had left messages she said "oh I never knew" which I replied "but I left them with you" she did not know what to say after that.

His solicitor has viewed the dvd's of his ex wife and child and said the child's dvd comes across completely like she has been rehearsed and is finding it very strange what is going on, she also finds it strange that my Brothers ex wife saw him on the 11th of August with his current girlfriend and a new allegation was reported on the 12th of August by someone else who we believe is his ex wife's locksmiths daughter, yet they never came to arrest him for this allegation they mentioned it on the the 15th of August when he answered bail and charged him with everything to appear that day at the magistrates.

He has had some kind of breakdown and has given up hope, he has stomach problems due to his disability, and is very frail at present.

one more thing is his ex wife has also befriended another of his exes who he has a child to, and we believe at some point she will get involved as that seems to be the pattern developing.

[Spectre]

Is there anyone with any advice or ideas as to anything I can do on this subject?

[myhome]

sorry to have missed this post before - just off to bed right now but will reply tomorrow....keep strong MH

[Spectre]

Ok thank you for your time its much appreciated

[Casehardened]

My Brother has tried his upmost to not have any contact with her, but she finds him all the time, he was living with my parents when he was remanded as if he got his own property she would find him, we believe this is due to her running a letting agency, we have found out she is now selling his stuff and also the house, he is powerless where he is that is why I am trying to find as much help as I can.

If the bail conditions stated no contact with the prosecution witnesses as they undoubtedly did, then this should have been adhered to.

If she tried to initiate contact, he should have run a mile as soon as she turned up, I know this seems unfair but she was obviously trying to provoke him to break his bail conditions to cause further trouble.

Contacting witnesses together with the possibility of committing further offences or the possibility of being harmed are the usual reasons for not granting bail to a first offender

[Spectre]

He has not spoken to her, she emailed him several occasions, he forwarded the emails to the police investigating the claims, he never got any reply from them, he changed his number at least 4 times, she ended up with his number on each occasion, he answers bail or arranges to go to see the police, she has someone outside the police station watching, she made an accusation he ran her and her car of the road in his car, they arrest him then bail him, she then drops it all, this type of thing has gone on for at least 18 months, yet they constantly arrest him every time she says something, and never say anything to her for the amount of things she accuses him of then drops, is it right that she can do this like she does?

He has been on remand for 4 months now, he wasn't even allowed any clothes or a calling card for 3 weeks, my mum and dad are currently relocating due to my mum been followed and spoken about by people literally stood behind her, his ex wife even has people go to a property she is the letting agent for which is near my parents just so they can stand and look at my mum and dads through the window, people sit in cars outside my parents literally next to their gate and the police say they cannot do anything, yet she makes some disgraceful or in fact just any accusations and he his locked up each time for hours, sorry to ramble on but it's just so frustrating that this is happening to my brother who has done nothing to her except leave her as her son kept attacking him.

[myhome]

Hi - I'm so sorry to read of the dreadful time that you brother and your family are going through.

To me this sounds like Harassment - http://www.cps.gov.uk/legal/s_to_u/s...rassment/#a02a "In this legal guidance, the term harassment is used to cover the 'causing alarm or distress' offences under section 2 of the Protection from Harassment Act 1997 as amended (PHA), and 'putting people in fear of violence' offences under section 4 of the PHA. The term can also include harassment by two or more defendants against an individual or harassment against more than one victim." there is further info on the web page I've given you a ref for. As this is a legal definition, I would be so bold as to say that the police can and should do something about it.

With regard to having your parents watched and turning up at the police station, this seems to come under the heading of Stalking - "Whilst there is no strict legal definition of 'stalking', section 2A (3) of the PHA 1997 sets out examples of acts or omissions which, in particular circumstances, are ones associated with stalking. For example, following a person, watching or spying on them or forcing contact with the victim through any means, including social media.

The effect of such behaviour is to curtail a victim's freedom, leaving them feeling that they constantly have to be careful. In many cases, the conduct might appear innocent ( if it were to be taken in isolation), but when carried out repeatedly so as to amount to a course of conduct, it may then cause significant alarm, harassment or distress to the victim. " There is some more about Stalking on the same web page.

As far as the emails from her are concerned, if these are helpful to your brother, the police won't be in the slightest bit interested and will probably have lost them by now. The best thing you can do is to send them to your brother's solicitor to be used in the future should it become necessary. In fact - this should be done with anything you find which will be helpful for your brother MUST be kept away from the police and only given to his solicitor. This is because the police have no interest in your brother's innocence. They have conviction targets to meet; anything they are given that will help your brother they will either ignore, lose or deny they ever had it; they have also been known to give this to the FA'er so she can change her story to render the info useless.

Please keep posting and we will help all we can

[Spectre]

Thank you for your reply and also the link I shall be reading that this evening.

Anything I find I now give directly to his solicitor, I do not give the police anything. I have a screen print of my brothers google plus, he has 3 people in his circles and 6 people have him in theirs, his ex wife been one.. his profile has had almost 10400 views I forwarded that to his solicitor, the solicitor mentioned the word stalker a few times, the issues with my parents been watched and my mum been followed have been mentioned on several occasions to the police each time the police have said "they are aware she is doing this" but cannot do anything about it, and that is pretty much all they say.

His ex wife is posting his things on a facebook selling page with comments like "it was my ex husbands lol". His solicitor has watched the Dvd's of his ex wife and her child, the solicitor said it is like a pantomime to the child and like she is reading of a script or is well rehearsed, the solicitor also said they know my brother is innocent and will fight all the way, also since my brother has been on remand the police have also gone to question him about another allegation by his ex wife that he stole £40,000 and I think it's 9 cars off her during their marriage, which is unbelievable as he never had any money when I saw him, I really fear for my brother's future as I truly believe there are other elements at work, I also fear should the impossible happen and he be found guilty he is not physically nor mentally capable of doing the sentence he has been told he could face, which is 15 years to life.

[myhome]

His ex-wife keeps adding more things after her initial allegations she is not doing herself any favours. If this ever gets to court then the defence will want to know why she didn't tell plod about them all at the same time. The usual reply is, "Oh I was so traumatised and upset I forgot!!!" However, with this being historical she was very unlikely to have been traumatised and upset when she made her statement.

[Spectre]

This is going to court his trial starts in February she seems to get whatever she wants my family are losing hope more with each passing day unfortunately

[Spectre]

Hi guys I have been in touch with YHAI they are part of Innocent I was asked to email them a short version of events (after a half hour phone conversation)they seem very helpful guys, hope its ok to mention this organisation as they are all over the U.K so could be of help to others, anyway my brothers pre-trial I think its called in on dec 1st (his birthday, not one he will forget) does anyone know if stuff will go in the local newspaper? as my parents are relocating to try and aid his bail chances, but if stuff will be put in the paper its probably an expense and hassle they could do without as obviously they will tell then print where they have relocated to, and his ex wife will find it a lot easier to find them.