OIC cancels evdidence meeting

[carrot tops]

They are not impartial at all. Our FA claimed panic attacks but repeatedly walked past our house on her own. Every time I saw her I emailed OIC of times and what she was wearing. FA phoned me at one point telling me not to stir up trouble for her, which I assume referred to me feeding the police this information. Our solicitor said he had had many problems with the OIC in the past on other cases.

I used to have a good opinion of he police but our experience has destroyed that. In rape cases it is allaboutconvictionnot truth. How some of them sleep at night I don't know.

[weary]

What happens now?

So my OH had what they called a "voluntary interview" last week re historical allegations of indecent assault. He wasn't arrested, wasn't bailed. The last comments between him and OIC were that the OIC would visit to loook at some evidence he has to prove his innocence, but the OIC has since cancelled that visit. (I put that in another thread)
So my question is - what now? Is this the bit where we wait months and months until we hear again once the CPS has made its decision? Will the OIC have sent off his report already? Or be preparing it? He oviously is not interested in my OH's evidence.
Or is there a chance he might be interviewed again, if the police go back to the FA with what my OH said during the interview?

[Franticwithworry]

It's hard to tell how long it will take the OIC to make his report and get the file to the CPS. Then they can sit on it for months and/or send it back to the police with instructions to get more information. It's really only if and when charged that a person can start getting their defence together because it's only then that you know all that's in the FA's complaint. That's why it's best not to give the police information before it's needed. They don't use it to weary's advantage, only his accuser's, unfortunately.

They can interview him again if they want to, as far as I know; they said that they could reinterview my man, but they also said that they would need to have new information to ask him about, and therefore a good reason.

Some people get a good response when they ask the OIC for an update and others not so much. If you haven't heard anything in a few weeks it might be worth calling the OIC and asking him the investigation is going if weary feels comfortable doing that.

[slowdown73]

I was falsely accused two years ago. I had evidence which undermined my accuser's story which I told the Police about during my interview under caution but they didn't make any attempts to investigate my side of the story. However, I later handed in the evidence which actually led to the case against me being dropped and now my accuser is under investigation for a fraud offence and making false allegations.

I appreciate some people think its not appropriate to hand in evidence prior to an outcome but in my case it turned things completely around for me and potentially stopped me from being charged with something I didn't do and having the humiliation of my name being printed in the press. By then it's too late and the damage is done.

I would suggest you seek legal advice through a solicitor to determine whether it is worth handing in the evidence now. My only regret is I waited 12 months before doing it and I often wonder what would have happened if I had just waited for an outcome.

[weary]

Long wait and publicity

So I guess this is the period of the long wait now, until we see if it gets taken any further. Because weary had no chance to show his side of the story, I was wondering what happens if he gets charged - if he is charged, how long before he goes to court and is that a magistrate's court at first? Does he have a chance there to make his case and is there a chance the case could be dropped then, or will it automatically go further?

Also - will his name get into the papers initially if charged? I'm asking about the papers because this FA has made the accusation twice before in the last three decades, and the first time, when the police decided there was no case to make, she went to the tabloids and weary's name was spread all over the papers. (with a comment "the police decided to take no action" in the small print, but the damage was done) Might we really have to go through all of this again?
Fortunately, the second time she made the accusations and the police decided not to take any further action, she just started a vanadalism and hate mail campaign amongst our neighbours, so it didn't get into the papers... do I sound bitter and disillusioned?

[Staystrong1]

Hi Weary

Sorry to hear things are not great at the moment. Unfortunately I dont think you can second guess but in OH case the same scenario as you. Not arrested, it was the voluntary interview and no bail conditions other than not to contact FA. This is the way they seem to deal with so called Historic cases. A 2nd interview can happen if new information comes to light following the 1st interview under caution. It was over 6 months before charge came. Same scenario again OH hasnt had a chance to give his proper account as unless charged you dont get full disclosure. Charge came through post and summons was to appear at Magistrates Court to formally have charges read and case sent to Crown It didnt go in the paper. Next is Plea and case management where plea entered and trial date was set. Then you will get disclosure and can dissect the lies and work with defence team to get evidence to disprove the FA lies.

It seems incredible that you are having to go through this a 3rd time, hopefully the Police will decide this is NFA but unfortunately in the current climate the suspect is always beleived(this is how these specially trained 'officers' are taught). The case can be dropped after charge and jt does happen,OH had an abuse of trial application on day 1 of trial. Which didnt succeed but helped his case, you can also get disclosure right up to trial and in OH case at trial which is why it's important if charged you have a good defence team and barrister who have experience in These types of allegations.

Just try and take one day at a time and hard as it is and get on with life hopefully the Police CPS will see sense and NFA this. Unless you have been through a FA of this nature I don't think anyone would realise the devastation it has on the Falsely accused and family. Stay strongx

[weary]

Update

So - a couple of months on since my last posting here. We're on holiday abroad shortly and my OH rang the OIC (actually, he's not a police officer; I think he is some sort of retired investigator they employ to do this sort of research) to let him know, and say to he hoped nothing negative would happen while we are out of the country and not picking up messages.
The OIC replied, unsurprisingly, that it will no doubt be a while yet until we hear, what with the CPS having so much work on, but he then said, out of the blue "do you still want to show me all the evidence you said you had back in May?"
My OH said that he'd been advised not to show the police anything and to save it for his defence (should he need it) - all the more so in case the police actually then show it to his accusor to help their case.
The OIC replied - well let's see what happens with the CPS. If they do decide to prosecute, then you can show me the evidence then. It will only be between you, me and the CPS and I won't show it to anybody else and it might help avert an actual court case.And you can let your solicitor know you have given it to me.

Is this true? Is he trying to mislead us or lie to us? Or is he actually on our side and trying to help us?

We're just hanging on until the actual decision, but when that decision comes - what should we do? My OH weary always sees the best in people (which is what got him into this mess in the first place) and he is convinced this OIC is trying to help. But I am the one who has been watching these forums and I am increasingly sceptical and cynical.

[Rights Fighter]

I wouldn't trust a police officer as far as I could spit him or her out of my mouth. Sorry but I see so much wrongdoing by them, not just in sex cases but other prosecutions too.....

[YearsOfHell]

It's a really hard thing to decide on.
Only you know what evidence you've got.
I would be inclined to hold on to it, especially if it contradicts what the police already have.

There is plenty of time for the police to go back to the complainant with your contrary evidence and for her to completely change her story to fit the evidence.

In my opinion, unless you can account for every second of the time then it's best to keep it.

I know it's quite a gamble (and you're gambling with your life) it's a complete unknown quantity.

Our case was NFAd but it didn't settle the case.
Not by a long chalk, and the situation is still affecting our everyday lives.
I sometimes think (extremely stressful though it is) that if we had been able to go to court and presented our evidence, it would at least have ended the argument!

However, it could also have ended badly so I am grateful for NFA.
We gave nothing to the police from our contrary evidence.

It's something you need to decide.
I wish we could see into the future.
I am inclined to say to hold on to it for your defence.

But the decision is ultimately yours.

[weary]

clarification question

So can it happen then -that - the CPS says the case should go to court - so we then produce evidence to the OIC proving my OH weary's innocence -and the CPS then change their mind and say it doesn't have to go to court?
Or once the CPS have decided, is that it and it always has to go to court?

My OH is wondering if the OIC is now trying to cover his own back because if the case goes to court and weary then presents all his evidence and the court throws the case out, then won't they simply wonder why this evidence was not explored prior to sending in the report to CPS? (I began this thread in May because of our frustration that the OIC had decided not to come and look at all the documentation my OH weary has to support his case. Now the OIC seems to have changed his mind.)

[wakingnightmare]

I'd keep whatever he has and use to ambush at Court if it gets that far.

I'm very cynical and I don't think it matters a jot about a proper investigation before charge the Police and CPS do as much or as little investigation as they want without redress from the Courts.

In my situation Solicitor has pointed out in Defence Statement that Police didn't take statement from me saying that was job of defence team. He'd only been questioned at that stage. I doubt it will have any impact but solicitors felt it wrong attitude for Police to have.

Imagine how weary would feel if he shows his hand it still goes to court and at trial she changes her story to fit his evidence. Keep it to yourselves.

[terrifieddad]

I'm convinced that my FA's story changed between my interview under caution and her ABE interview. The time line of the initial complaint is also highly suspect. I have to defend myself on the basis of the new version of the story. I am also convinced that the CPS didn't even read the transcript of her interview as the date of one of the counts would have been revised. Her interview alone evidently wasn't enough but a medical witness statement that proves nothing and the additional statement of a witness who was known all along was enough to charge. If I'd known then what I know now, I would have given a no comment interview. Never give the police anything unless it is a cast iron alibi.

The caution should be: You are not obliged to say anything but it WILL harm your defence if you mention anything which might help you in court. Anything you do say will be put to the complainant so they can change their story.

[weary]

Still waiting and not much hope

So we're still waiting, although the solicitor heard it is being looked at by CPS. The OIC did get in touch again to request again a visit to see my OH weary's evidence and weary was determined to show him despite my own fears and comments of what I have seen on this website. But it turned out weary's evidence counts for nothing anyway. You see, without giving too much away on a public internet site, this woman and weary had a loving relationship lasting over 15 years. It started in the 70s soon after she left the school where he worked (hence why she's come up with the untrue historic under age sex claim) She ended the relationship in late 80's because she met someone else, but then it didn't work out and she had mental problems so three times in the last 30 years she has laid this claim on him for underage sex. The previous two times he's been investigated and got NFA. Both times the police never kept the records, so she is able to come back with the same accusation a third time. Unfortunately mr weary's "evidence" of all the photos, dedicated books, cards, presents etc of the 15 year relationship don't count for anything according to the OIC. The OIC was only interested in "proof you didn't have under age sex with her", not whether or not they had a long standing loving relationship. Maybe the previous two times the police/CPS saw her claims for what they were - a disturbed woman who regretted a bad decision of not staying with weary, but maybe in the current climate the police/CPS are siding with her as a "victim" and disregarding everything else.

[Franticwithworry]

This bears an uncomfortable resemblance to the circumstances of someone I know. He ended up being bullied into a guilty plea by a solicitor who advised him poorly. Please don't let your husband be bullied into admitting something he didn't do. The repercussions will be far-reaching.

It's a tragedy that he's been through this twice before, but surely, even if the police have 'lost' the records the NFA's are still in the system. The CPS are more keen to prosecute than they were in the past, but the evidence that applied in the past must still be relevant. I hope a decent solicitor can sort this mess out for you.

[weary]

Nearly Christmas ...

So it's December now and still nothing heard. I keep waking up each morning wondering if a call from OIC will ruin our Christmas -and then reading others' posts I think, well, we have only been waiting 8 months which doesn't seem long in contrast. The OIC (who is actually a retired police officer doing this job part time, as I understand it) happened to mention the last time he spoke that the reason this is being investigated a third time is because the woman filled in a form on some website about reporting historical child abuse - and this means the police are obliged to investigate. She mentioned that she was not satisfied with the NFA outcome the previous two times she reported it. (See previous post)
We'd like to think maybe they are taking so long so they can report to the woman they investigated extensively ( I guess there are two sides waiting for a result on this case, us and her) but again I suspect it is because CPS have other stuff to do. All we got from OIC was (back in September) the CPS "are still making their minds up" which was hardly optimistic.
The only consolation is - if it does go to court -a defence solicitor is going to have a field day making the point about it being NFA twice and now finally coming to court. The investigating officer the first time round became very high profile, even advising police forces in other countries on how to conduct investigations. The CPS would basically have to say he didn't do his job properly. And also say the same of the the officer in the second investigation, who also went on to be promoted.
Or maybe they'll just see sense and return an NFA (for the third time) It's just so awful.