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  • Inconsistencies in prosecution statement

    We have solid evidence proving my brother's innocence.... can't go into too much detail in case FA reads here and our defence statement would be worthless. BUT, we have found 70+ inconsistencies in her statement and that of her 'witness'. Still don't understand how this has been made to go further by the CPS as her story changes on each and every page of her police statement. The legal team have said they can only mention the biggest inconsistencies and cannot list all 70 in court as we will be in court for months on end. What I was wondering is what inconsistencies are they looking for primarily? (trial to begin towards the end of the year).

    Also, does the prosecution team see our defence that we put together before the trial? We are worried that FA will have an opportunity to change her story accordingly.....

  • #2
    They would use anything that goes directly to the allegations and something that makes her evidence "unreliable".

    They are right, they cannot bring in every single little consistency. Ask them as they will know more than we do, of course.

    So any whoppers, try to find evidence (say, via Facebook) to discredit her. For instance, she might have said "oh goodness me, I am so traumatised I can't go near a man or go out and socialise with my friends". Screenshots of her with her face in a male strippers nether regions, taken after the alleged incident would help - as a for instance.....
    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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    • #3
      Originally posted by Rights Fighter View Post
      They would use anything that goes directly to the allegations and something that makes her evidence "unreliable".

      They are right, they cannot bring in every single little consistency. Ask them as they will know more than we do, of course.

      So any whoppers, try to find evidence (say, via Facebook) to discredit her. For instance, she might have said "oh goodness me, I am so traumatised I can't go near a man or go out and socialise with my friends". Screenshots of her with her face in a male strippers nether regions, taken after the alleged incident would help - as a for instance.....

      Believe it or not, we do have a photo similar to that !!! I'm not joking either lol !!!! x

      Comment


      • #4
        Originally posted by Rights Fighter View Post
        They would use anything that goes directly to the allegations and something that makes her evidence "unreliable".

        They are right, they cannot bring in every single little consistency. Ask them as they will know more than we do, of course.

        So any whoppers, try to find evidence (say, via Facebook) to discredit her. For instance, she might have said "oh goodness me, I am so traumatised I can't go near a man or go out and socialise with my friends". Screenshots of her with her face in a male strippers nether regions, taken after the alleged incident would help - as a for instance.....

        I've pm'd you - hope that's ok ?x

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        • #5
          Got them but busy with the upcoming retrial. You should be able to use most of the stuff that provides alibi evidence (re addresses and ages / relevance) although sol would have to apply to do that.
          People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

          PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

          Comment


          • #6
            Hi

            Originally posted by Cazzle18 View Post
            We have solid evidence proving my brother's innocence.... can't go into too much detail in case FA reads here and our defence statement would be worthless. BUT, we have found 70+ inconsistencies in her statement and that of her 'witness'. Still don't understand how this has been made to go further by the CPS as her story changes on each and every page of her police statement. The legal team have said they can only mention the biggest inconsistencies and cannot list all 70 in court as we will be in court for months on end. What I was wondering is what inconsistencies are they looking for primarily? (trial to begin towards the end of the year).

            Also, does the prosecution team see our defence that we put together before the trial? We are worried that FA will have an opportunity to change her story accordingly.....

            In OH we had factual,evidence that proved FA lies and it wasnt disclosed by our legal team until Trial at court, hence no opportunity to,change story and could prove FA and witness were categorically lying.
            The police have probably not even investigated both sides of the story so wont be aware of the evidence you have which will,greatly help at trial. You will do a defence statement but the defence disclosure can be given at trial and its important that your legal team get it admitted and agreed by CPS. We had factual,evidence as well as facebook and it was all compelling and put across extremely effectively by barrister. Hope you are feeling positive with inconsistencies you have uncovered. We found the more you read and scrutinise the prosecution disclosure and put it all,into,a timeline the more effective it is. Also found you can get disclosure from cps right up to and even at trial in a knee jerk reaction by cps and OIC which was ineffective due to OH barristers action.

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            • #7
              Originally posted by Rights Fighter View Post
              Got them but busy with the upcoming retrial. You should be able to use most of the stuff that provides alibi evidence (re addresses and ages / relevance) although sol would have to apply to do that.

              We've already done it....we've become really good detectives. You have to be in cases like ours x

              Comment


              • #8
                Originally posted by Staystrong1 View Post
                In OH we had factual,evidence that proved FA lies and it wasnt disclosed by our legal team until Trial at court, hence no opportunity to,change story and could prove FA and witness were categorically lying.
                The police have probably not even investigated both sides of the story so wont be aware of the evidence you have which will,greatly help at trial. You will do a defence statement but the defence disclosure can be given at trial and its important that your legal team get it admitted and agreed by CPS. We had factual,evidence as well as facebook and it was all compelling and put across extremely effectively by barrister. Hope you are feeling positive with inconsistencies you have uncovered. We found the more you read and scrutinise the prosecution disclosure and put it all,into,a timeline the more effective it is. Also found you can get disclosure from cps right up to and even at trial in a knee jerk reaction by cps and OIC which was ineffective due to OH barristers action.

                We've been doing the detective work ourselves....we haven't waited for the solicitor to find the evidence. All the inconsistencies and lies the FA has told, we've got evidence to prove she's lying. It's been such hard work ~ I've found yet another inconsistency in the FA's statement today and I've had it since the end of december. You find yourself reading and re-reading until you feel like you're going crazy. I really want to go to the FA and scream in her face to ask why she has done this? It's not only affected my brother but, family & friends too..... We just want the trial over and done with but, it's months and months away ..... :/ x

                Comment


                • #9
                  Good work

                  Originally posted by Cazzle18 View Post
                  We've been doing the detective work ourselves....we haven't waited for the solicitor to find the evidence. All the inconsistencies and lies the FA has told, we've got evidence to prove she's lying. It's been such hard work ~ I've found yet another inconsistency in the FA's statement today and I've had it since the end of december. You find yourself reading and re-reading until you feel like you're going crazy. I really want to go to the FA and scream in her face to ask why she has done this? It's not only affected my brother but, family & friends too..... We just want the trial over and done with but, it's months and months away ..... :/ x
                  Hi Cazzie

                  Well done. You do have to do the detective work yourself, we certainly did, the solicitor wont find evidence as only you or your brother family will know certain details. Bank statements were crucial and you can get them going back,over 20 years ago, also SAR to any organizations that can prove addresses whereabouts and various other things. Electoral roll. The list is endless. You will keep finding things. Also OH had really late disclosure which really helped his defence but it is really important how the solicitor and barrister who are experienced in these cases deal with it, abuse of process applications etc.
                  It does feel forever when you are kept waiting so long but he will finally get to tell his side. FA wont even have been disbeleived or challenged so hang on in there and keep up the good work. The timeline should bring it all together. I can only liken it to an endurance test that you have to winX

                  Comment


                  • #10
                    Originally posted by Staystrong1 View Post
                    Hi Cazzie

                    Well done. You do have to do the detective work yourself, we certainly did, the solicitor wont find evidence as only you or your brother family will know certain details. Bank statements were crucial and you can get them going back,over 20 years ago, also SAR to any organizations that can prove addresses whereabouts and various other things. Electoral roll. The list is endless. You will keep finding things. Also OH had really late disclosure which really helped his defence but it is really important how the solicitor and barrister who are experienced in these cases deal with it, abuse of process applications etc.
                    It does feel forever when you are kept waiting so long but he will finally get to tell his side. FA wont even have been disbeleived or challenged so hang on in there and keep up the good work. The timeline should bring it all together. I can only liken it to an endurance test that you have to winX
                    We've got a really good female barrister. The solicitor decided against a male one as the jury can often take the FA's side .... (never thought of that). The barrister has had some really tough cases over the years including false historical allegations (which she has been successful with).... the financial costs are high ..... just wish we could claim the money back in the future.... :/ x

                    Comment


                    • #11
                      Great stuff that you are so confident with your barrister. That all helps of course!
                      People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                      PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                      Comment


                      • #12
                        Barrister

                        Thats good that you have a barrister you feel confident with and it is crucial in these cases as its not like usual reports of a crime , the Police dont always investigate to prove or disprove, just take it as gospel that the FA is telling the truth, thats their policy..

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                        • #13
                          Originally posted by Cazzle18 View Post
                          We've got a really good female barrister. The solicitor decided against a male one as the jury can often take the FA's side .... (never thought of that). The barrister has had some really tough cases over the years including false historical allegations (which she has been successful with).... the financial costs are high ..... just wish we could claim the money back in the future.... :/ x

                          I understand how you feel in regards to wishing you could claim money back. The only positive way to look at it - is freedom and state of mind is so much more precious than money. I know its unfair to ever be put in the situation where you are having to cover costs of something you shouldn't.
                          My OH was originally going through Legal Aid, but he was not happy with the lawyer at all (just our experience, not suggesting that all Legal Aid lawyers are useless) but since going private and seeing how professional our new lawyer is, i have noticed how much more relaxed, and confident he is (as am i) in getting the justice he deserves. He is costing a fortune, and having financial struggles on top of everything else certainly brings its added stress but i truly believe it will be worth it in the end.
                          Money can be earned back, time together cannot.


                          xo

                          Comment


                          • #14
                            Originally posted by JEM92 View Post
                            I understand how you feel in regards to wishing you could claim money back. The only positive way to look at it - is freedom and state of mind is so much more precious than money. I know its unfair to ever be put in the situation where you are having to cover costs of something you shouldn't.
                            My OH was originally going through Legal Aid, but he was not happy with the lawyer at all (just our experience, not suggesting that all Legal Aid lawyers are useless) but since going private and seeing how professional our new lawyer is, i have noticed how much more relaxed, and confident he is (as am i) in getting the justice he deserves. He is costing a fortune, and having financial struggles on top of everything else certainly brings its added stress but i truly believe it will be worth it in the end.
                            Money can be earned back, time together cannot.


                            xo

                            Yes, you are so right - didn't think of it that way.....my brother is still having 'down days' but, some days, we do not even mention the trial and talk about other things ... like his first grandchild (which will be here in August). We should all be so happy...but, we have a permanent black cloud above us. We're meeting with the solicitor on Saturday ...he wants to meet all of us who are behind my brother 100% . I have my friends from childhood who want to support him as well as family..... the support has been overwhelming.... x

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