Situations......Ugly

[edinguy]

Sad to see another story like this.

I remember CCTV being used in my trial and I received documentation about it going to be used in the post beforehand but can’t really remember the exact details as it seems a blur and my case was in Scotland so it might be a bit different.

It’s really becoming such a regular occurrence these type of cases and more and more people like you and I are suffering as a result. I see you don’t want anti-depressants and are going down the herbal route , hopefully you can find something that gives you a little help in dealing with this. Sleeping tablets helped me for a while but it was hard trying to come off them so listen to the doc or herbalist when taking anything.

It will feel like there is no end to this ordeal some days but you just need to keep plugging away trying to live a normal day to day life as hard as it is to do that.

I’ll keep you in my thoughts and hope this gets thrown out so you can move on with your life with your family.

[IRB777]

Your case seems to have no evidence just an accusation. You have a 7 month gap between the alleged Rape and it being reported. Her text messages are unobtainable (fair enough) but her facebook messages are also unobtainable? I have messages on FB from the very start of my account. Facebook was used as defence evidence in my case, if there are Facebook messages sent to you then they are retrievable off your account. The reason the judge has asked for these messages to be investigated is probably due to the evidence as a whole being so thin. If she has made other allegations then your solicitor should at least make a bad character application. Try and find out who the reported allegation was against and find him, he may be some help and he will definately have an axe to grind. Do not become despondent get through this however you have too, and take whatever help you need. One very important thing, a good barrister is a massive ally, my case came in two parts i went to trial firstly for assault and was acquitted the Rape case was seperate and has been NFAd. Ive seen a decent barrister in action, all i can say is when they start lying on the stand they tie thereselves up in knots and the defence barrister is like a praying mantis lying in wait, its great to watch there story get pulled apart. And your accuser wont be on the stand for 20 minutes your talking hours. Have faith the truth is on your side. I

[Soul2soul]

Thanks IRB, that helps....

Just had a call from my sol, meeting barrister next monday. Still awaiting cctv from city council, other cctv in local pub unobtainable. But my sol says all efforts ive made will be mentioned in court and lack of police unvestigation initially. I guess its word against word in my case. Its comforting the judge noticed the lack of investigation and raised it in plea hearing. Still busy trying to crack something, facebook is my best bet but i dont know her friends or anyone ao it makes it hard, wish i did.

I have screen shot part of her statement and shared with close friends who have all laughed at it, sounds like a retarded person statement. They all say there is nothing to worry about, as its just ridiculous (her claim, how it supposedly happened)but we all know its not that easy, just being associated with this type of accusation is just a killer.
Might consider doctors advice coz im mentally and physically drained at this point.
Will ask about the bad character ref, thanks,

[Soul2soul]

Hi all...

Just wanted advice on what to look out for within my defence team, since we have the first meeting together. Barristers approach and solisitors approach? What should i be looking for to know i have a strong team behind me?

Thanks for advice in advance...

[Soul2soul]

Hi guys

just an update, i met my legal team yesterday, barrister was alright. We discussed issues and basically there is no evidence, jus word against word. He questioned me as if he were cross examining me and said i was too slow answering. I mentioned the questions were puzzling and i didnt want to make same mistake i made at interview.

However he did not ask me to bring forth witnesses. Character that is. Is this norm?

Also it was a quick meeting, 45-50 mins.I know they are busy etc.But on my way home i remembered things i would have liked to raise and had fogot.
Our next meeting will be a week before court unless something new comes to light.???


I do not know what to make of the meeting, maybe i wanted some reassurance but he says i have more working in my favour.

Trying to get out of bedfor work right now but im drained and had nightmares last night, couldnt sleep at all so still tired. Am fasting for the rest of the work for my prayers so its gonna be a long week.

Thoughts and help plsss

[Rights Fighter]

Make a note of the points you remembered after the meeting and send to the sol, requesting his passes them on to the barrister.

Tell the sol you would like to have some character witnesses. If they say it's not necessary, actually it is as it shows you have support. If you have nobody covering your back that could send the message to the jury that nobody believes you.

You don't need dozens, just three or four, people who have known you for a long time, ex girlfriends are good especially if they don't like you, as the jury could then be thinking "here's an ex who doesn't like him yet she's prepared to stand up for him" sort of thing.

[Soul2soul]

Thanks R.F

All your points have been noted and i will be working on that.

Just wondering, the judge ordered prosecution to retrieve phone records, the barrister said the judge made a court order and my sol should follow this up. This is not the actual text messages, just a transcript from accuser network provider to prove there was contact between us the following day as she denies this. My barrister however said since this wont show content it wont be much help as they can say it could hav been about anything.
Anyone know if mobile companies can provide such history and how vital can it be if attainable?
Thanks

[Rights Fighter]

Whohas your mobile phone? Maybe that should be interrogated

[Soul2soul]

Whohas your mobile phone? Maybe that should be interrogated

Hi RF, I have tried to privately attain my messages but I failed, sent to two different forensics but got the same result.I have asked for my monbile providers phone records and text for that month but they can only do so for the past 12 month and not beyond due to data protection rules/laws.So basically I am screwed as far as defense as I kno there was vital texts exchange that could have overturned everything but then again its been a long time.Am betting on their side they might get something though she says she got rid of her handset.....

I was wondering, someone mentioned to me she has some mental/acute issues in personality and all.How could this help my defence and if so are my reps able to use it.
I have asked them to get social services/psychiatric history files but they said they wont be allowed and understandably I guess.

Can medical records help to show its someone with issues.??

Thanks for anyones input in advance

[Rights Fighter]

Did you send the phone to reputable forensic companies or to a bloke you know who says he is an expert?

I've reviewed trial paperwork where mobile records / text messages have gone back way beyond 12 months. Possibly a court order might be necessary. Ask the sol or barrister about that, but you MUST make a good argument for them. You can't just go on a "fishing expedition". You have to know exactly what you are looking for.

Mental health of the complainant: this is a two edged sword as the mental health could be put down to the alleged abuse, especially if she mentioned it to doctors or psychiatrists / counsellors previously.

Some mental health problems can cause hallucinations whereby the patient believes they have been molested, and/or they have a tendency to fantasise about highly improbably things.

I wouldn't rely too much on that, unless medical records are available / have been disclosed by the CPS.

Again, if they have not, but you know exactly what you are looking for as opposed to fishing, the barrister should be able to make a good argument for that.