Advice needed

[suiram]

Hi,

My case is still in the investigation stage for almost 8 months and my current solicitor is Tim Brown but I'm looking to find the best solicitor after reading all the horror stories from here about all the FAs. I know I'm innocent and my whole case has 0 logic or sense but in the same time I see that Law and Truth is not about sense/logic/facts etc. so I want the best solicitor I can get. I want to mention that I'm paying privately and as far as I can see in here by now I have to choose between Gerry McDonald and Chris Saltrese (which I spoke with and he agreed to take my case on if I want to) but the main question is which one of this two is the best? Also my case is not a historic case.

Also I'm based in London.

My Case :

I came home from a business trip with one day earlier. To my surprise my girlfriend is not home and I try to contact her with no success(wasn't answering to her phone). She comes home next day in the morning with an really odd behavior and a story out of SF/spies movies.

She tells me that she wants to break up and I agree but ask her what happened and she starts telling me that she found out who I really am and that I work for some secret services or I'm some sort of paid killer..of course at the beginning I started laughing because I thought she is joking because was utter nonsense as in 2 years while we were together I left home only for work (I work in It) and 4 times in business trips from which in 2 of those I took her with me.

So I could not comprehend how in the name of God she got that story...meantime she started crying and begging not to kill her or her family and I was trying to reason with her and explain that everything she say is nonsense..this went on and on for hours at one point I hugged her to try to calm her down and while hugging her she kissed me and hugged me back and one thing leads to another and she took my pants off and my underwear and we had sex after that she went for a shower and she said that she is hungry so we decided to walk to McDonald's and eat.

After we got the food she said that we should eat home and not in there so we came home ate and then went for a walk and she started again with the story and I was keep trying to reason and explain to her that what she say makes no sense. We came home and decided to go to sleep, I said I will seep in the living room because is too hot and because what she was keep saying but she insisted to sleep with her in bed so I complied. Next day we woke up she hugs me and kiss and had sex again. At this point I was totally confused if we are still breaking up or not..after having sex we talked for few hours, went for a walk and then all in the sudden she jumps and say I need to go home but can you please give me £200 so I can pay the advance for the room at the new place?

I gave her the money and then she asked for 2 bottles of alcohol so I gave her because I'm not much of a drinker anyways and help her pack her stuff and lead her to the cab and off she went.
Few days latter I was really down because I really loved her so a friend of mine from Gibraltar said come over and you will forget her. So I buy tickets to go but remembered that she has the key from he house. And because of the story she told me about me I said I can't trust my things with her so asked the agency to change the lock but they said they can't do it as her name is still on the contract. So I called the police and told them on the phone the whole story and asked if they can do something, the lady on the phone said she will send somebody at my place to talk with me because legally they can't do anything...in the evening two officers came and arrested me for Rape allegations..needles to say that my brain stopped working and just could not understand what is happening with me. They kept me in a cell till next day when I was interviewed and told them everything after that I got bailed and since then is 8 months almost.

Somebody please tell me how can somebody be raped and come back with the rapist in the house once it has a chance to get out of the house?
Why in the name of God somebody who got raped previous day has consensual sex next day?(this was her declaration)


Thank you

[Tdm]

If she's admitting that she had consensual sex with you the day after you raped her then I cannot imagine this investigation going too far. Unless, she is an alcoholic or drug addict and you are her means to an end to get substances.

Was she sober at the time? Is she claiming she was intoxicated? If she is claiming she was intoxicated but really was not, try to remember every place you'd have been together with cctv. ie. McDonald's

If there was any electronic communication, save that if possible.

If this was very recent photograph yourself to show you have no signs of a struggle in case she says there was violence used. The police don't tell you much about what the accuser puts in her statement.

This is really all I can think of for advice at the mo

[Rights Fighter]

It sounds, from what you have said, that she has some sort of mental health problem. If she has dreamed up the story of you being a paid killer then clearly the question must be asked "what else has she dreamed up?"

At the moment I am thinking you are bailed - yes? At the moment there is no legal aid unless you are called in for a reinterview.

The best thing you can do now is to take notes of anything and everything you can remember from that incident.

What a strange case!! Where in the UK (roughly) are you?

[suiram]

Tdm, thank you for your reply.

No drugs or alcohol used in those days or before. She was not an alcoholic even if she liked to drink. Even the apartment building where we live has CCTV and told the police that can check them to confirm that we went out.

They didn't check me for anything and also I admitted that we had sex because we did but nobody forced her as she said.

From what the policeman read to me she said that is strangled her before and again the policeman read from her statement that the next day we had consensual sex. Also since the alleged rape happened till I was arrested it passed 5 days so I thought they would check for wounds on me or something.

[suiram]

Hi RF,

I was not aware of any mental issues on her side and she behaved great for almost two years till ~7 months before the allegations when she started to became really secretive and dubious.

I'm based in London. Well, for me the whole case sounds from a movie scenario but I don't know if she told the police the same story about me being a paid killer...

Yes, I'm on bail for almost 8 months.

[Tdm]

It might be in your best interest to contact your landlord and McDonald's to make sure the cctv footage is not overwritten if the police take too long to request it from them. In my case, cctv footage would have been greatly beneficial but unfortunately by the time it was requested it had already been erased.

Another thought may be, since she said you strangled her, to try to think of an eye witness who may have seen you together shortly after Who could verify that she didn't have marks on her neck. She could possibly have self inflicted injuries that were done after you last saw her but before she went to police. Maybe I'm overthinking it but ya never know.

[suiram]

Hi Tdm,

Unfortunately this happen ~8 months ago and since then I'm on bail. And I told police in the interview about the CCTV I would think if they didn't requested the recordings then and they are overwritten then is their problem. Also no whites in that day.

[Rights Fighter]

And I told police in the interview about the CCTV I would think if they didn't requested the recordings then and they are overwritten then is their problem. Also no whites in that day.

Sometimes the police do obtain CCTV and if it doesn't help their case they get 'mislaid'. Think the "Birmingham 6" alleged bombers........

However, I can't see how CCTV from McDonalds would help anything as it does not relate to the alleged rape, does it?

What do you mean by "Also not whites in that day?"

[suiram]

The CCTV from McDonald's proves the fact that she was not imprisoned or forced or something. So she willingly came outside from the house with me and came back. I wold think that somebody who just been raped and strangled would not come back in house with the offender.

Sorry 'whites' was supposed to be 'witness'.

Really sorry for my bad English but is not my first language.

[Rights Fighter]

Thanks for the clarification re "whites" - I wondered if you were using a phone and became victim to a wonky spell-check!

this went on and on for hours at one point I hugged her to try to calm her down and while hugging her she kissed me and hugged me back and one thing leads to another and she took my pants off and my underwear and we had sex after that she went for a shower and she said that she is hungry so we decided to walk to McDonald's and eat.

Shortly followed by:

Next day we woke up she hugs me and kiss and had sex again. At this point I was totally confused if we are still breaking up or not..after having sex we talked for few hours, went for a walk and then all in the sudden she jumps and say I need to go home but can you please give me £200 so I can pay the advance for the room at the new place?

From your first post, it seems you had sex with her before and after the trip to MacDonalds. Which one was the alleged rape, or was it both of them?

[suiram]

The alleged rape one was the one before McDonald's and the second time when we had sex was consensual.

[Rights Fighter]

You're sure that she's not alleged that as a rape as well? If you are sure, you told the police that?

Unfortunately the other side of it (her version) could be that she felt she had no option but to accompany you to MacDonalds (alleging threats if she did not).

You say that you both decided to eat the food at home as she did not want to stay in the 'restaurant'. You need to realise that different views can be taken from that, of course. For instance she could say that it was your decision not to eat there but to go back home.

Re CCTV: walking in and out of MacDonald's, unless you were draped over each other, and/or laughing and joking with each other, looking into each other's eyes and smiling at each other, I can't see that this could be compelling evidence. Obviously I can only go from what you say, but I also tend to look at it from the other side, as to how the police/CPS might view it.

Experience over the years has taught me to do that so there are no shocks later on.....

[suiram]

Well, after my interview the police officer read to me a bit of hers and there she was alleging that only the first time when we had sex was rape and the second was consensual. And yes, I told the police everything..at that time I thought they are your friend and try to figure out the truth. I don't know if she changed that later or if the policeman just lied about that being her declaration.

No, we weren't draped over each other...so I guess I'm pretty much screwed because that's the only thing I have..in rest was just me and her in the house.

I'm just curious how can one threat somebody when has nothing to leverage with? Because once you are out in public any kind of control over you are gone (at least in my head).

[Rights Fighter]

There is a bit of a controversy raging about the CCTV evidence in the Ched Evans footballer's case.

I've seen the CCTV before it was removed from the internet (although there still may be sites where it can be viewed) and she is not seen so drunk that she could not possibly be 'in control'. She seemed able to bend over wearing very high shoes picking up a Pizza box, without stumbling let alone falling over. As we know, he was still convicted.

It can sometimes be very helpful (to either side) but sometimes not. I wouldn't put too much hope on that.

From what you have said, you have not seen her interview transcript so you won't know everything that was said in there. It may well be that there are several inconsistencies in there, that should there be a charge and go to trial, she can be cross-examined to the degree that the jury will see it is pure fantasy. I also think that her medical/psychiatric records may prove useful.

[suiram]

In my head the CCTV was proving that she was not forced and also the fact that no human being would come back in the house with the alleged rapist or even with somebody who did something so horrific to him/her.