Fiance falsely convicted

[AmandaF]

He had Graeme Wright from Westcourts Litigation. I don't think he did a poor job, it was stuff that we thought would have an impact that we were told we couldn't mention which would possibly have made a difference We gave him tons of info that was never used but now because he knew about it it's not new evidence.
My solicitor was Roddy Boag- he was a bulldog but don't know what he's like with abuse cases.
When the CJSW interviewed him they said because he took part in a calculated risk sport he was more likely to be an offender. There was other stuff they asked that's too personal to broadcast on here!! but what we deemed as normal, they turned it into something sordid.
I will be answering them!!

[Turtle]

Just an update, things have went from bad to worse. Last Monday my wonderful kind and loving fiance was sentenced to two years in prison. We spent all of last week trying desperately to get in contact with his original lawyer who is no linger responding to phone calls personally and we have had no communication with since the verdict was read nearly two months ago. When we eventually got in contact with the lawyer who handled the sentecing in his absence (a two week planned holiday we never knew about till a half hour after we were supposed to meet him to discuss the social work report) he told us his firm would not pursue an appeal for conviction but then why would they when they have messed up so badly?
Anyway we managed to contact another firm with view to them handling the case on friday (five working days left till the appeal must be logged) and told they would send someone out to the prison today. Well I have just received a phone call from my fiance in tears as he phoned to check what time they would be through and was told they will not take our case even just to appeal sentecing which everyone connected including parole officers, social services and the court psychologist agreed was unduly harsh and completely against thier recommendations.
They gave us the reason that when they met with us prior to sentecing they believed there were no grounds for appeal during our meeting but they did say to wait for the verdict and contact them after that.
I don't know what to do or where to turn now. The second lawyer firm seemed to think we wanted to appeal based on how poorly our case was handled by our lawyer but we actually wanted them to see if there was one, hard to explain though in the ten minute meeting we had with them.
Thank god, the sentecing wasn't reported in the papers but we are having an issue with one if the prison gaurds on his wing who was actually a bully of both myself and my fiance in school running his mouth off to mutual friends about the fact he is in prison and what he is in for. Can I complain about this?
The other thing is phone credit hasn't been added to his account which was actually handed in to be put on last Tuesday and he now is about to use the last of his credit to beg his old lawyer to take him back. Is there anyway to get them to let me deal with the phoning aspect?
I just can't believe this has happened to us and I keep waking up hoping it was all just a dream and he'll still be lying beside me. I feel so lost and scared, our lives are over because of some stupid little selfish girls.

[AmandaF]

I am so so sorry to hear this but once again, it just mirrors everything that happened to us.
yes you can complain about the guard's behaviour- that is totally unacceptable.

We were also told no grounds to appeal but as more is coming to light I am convinced that our defence sol did a very very poor job- the case was just too big for him to handle.

Have you seen any of the reports? Criminal justice told my OH he would maybe get probation, when in fact the report recommended he went to high court for sentencing up to ten years- he also got 2. What I'm saying I guess is that sometimes they are smiling assassins.
Phone credit can take ages to appear- it is only credited on a particular day in the week so if you miss it it can take nearly 2 weeks to go on.

As for the appeal date deadline- RF on here said that you can appeal at any time, particularly if and when new evidence comes to light.

Keep going- we are 6 months after conviction and only now are we getting anywhere. Our sol seems to be refusing to answer questions about his case so we are about to change. I think it's a firm called McCluskey who is recommended on here. (Lawless One)

All I can say is just stay strong for him.

[Turtle]

I have seen both the social work report and the psychologist (though dont have a copy of it) and they both did recommend a community payback order. They even both highlighted that him maintaining his innocence was not an indication of future re offending and were actually as positive as could be given they have to work with the assumption he is guilty. I honestly believe neither of them think he has actually done it. The problem is the judge is friends with one of the girls current foster carers.
I'm going to talk to the families outside office about who to complain to with regards to the officers behaviour. We know he has told other inmates that he knew him through school aswell but I don't think he's said anything more to them. Still its a worry.
We used JC Hughes as that's the one the insurance paid for and I sorely regret not listening to my gut feeling and looking else where for representation earlier.

[Rights Fighter]

In England you can apply to appeal "out of time" providing there is good reason for it. I have no doubt it is the same in Scotland.

Start a dateline from the date of conviction and list the efforts you made in order to try to find somebody to assist. Keep emails and use them in your date/timeline.

It might help if we had a sub-forum in the Scots Law bit, for Scots solicitors and Advocates as the thread in the "Useful Information" section is difficult to trawl through.