Tweet
With my trial still fresh in the memory, I think it is only right that I should add my two penn'orth here.
Firstly, the apparent lack of communication is perfectly normal even at this late stage. But anything you can think of, however small, write it down and contact your solicitor. This will help you believe that everything that can be done is being done. Don't worry, silence is relatively normal especially when you are on legal aid.
Secondly, the countdown to the trial is probably the worst part of it. The waiting around for the case to actually start is the most nervous I felt at any point until the jury retired.
As for the trial itself, day 1 almost nothing happened. The jury was sworn in and opening statement made and that was it. If you are lucky, the ABE interview will be played on day 1 but the chances of the accuser being cross-examined on that day are slim. In my case, that all took place on day 2. My accuser's witness (her friend with whom she hatched her plan) gave evidence on day 3, which also saw the police evidence (OIC playing me and prosecution counsel playing the police reading my interview transcript), medical evidence (inconclusive) and electronic records. The Crown then rested.
It would then have been my turn to take the stand, except I exercised my legal right not to as I did not have anything more to add to the damage already done to the prosecution case. Note here any veiled advice from defence counsel about this right and take heed. If you have said everything you need to say to the police in interview, it may be worse if you do take the stand. A barrister cannot tell you what to do, but if you apparently intend to take the stand, they may remind you of your right not to. Many people have gone to prison because of their own testimony, but you will have a good idea after the witness testimony.
The upshot for me was that the summing up began at the end of day 3 and concluded with the evidence review at the beginning of day 4, at which point the jury was sent out to deliberate. This was the most nervous moment yet. It was eased by a summing up that focused heavily on the inconsistencies of the prosecution case. After 2 hours of deliberations and the lunch break, the jury returned. I felt more nervous than ever when I was asked to stand and it wasn't until the two magic words were said by the foreman on the third and final count that I could catch my breath again.
It's not easy. The trial itself is not as scary as you imagine, though I had the luxury of not facing cross-examination. Of course at the same time I worried whether I made the wrong choice, so it's swings and roundabouts. You will get through it.
Firstly, the apparent lack of communication is perfectly normal even at this late stage. But anything you can think of, however small, write it down and contact your solicitor. This will help you believe that everything that can be done is being done. Don't worry, silence is relatively normal especially when you are on legal aid.
Secondly, the countdown to the trial is probably the worst part of it. The waiting around for the case to actually start is the most nervous I felt at any point until the jury retired.
As for the trial itself, day 1 almost nothing happened. The jury was sworn in and opening statement made and that was it. If you are lucky, the ABE interview will be played on day 1 but the chances of the accuser being cross-examined on that day are slim. In my case, that all took place on day 2. My accuser's witness (her friend with whom she hatched her plan) gave evidence on day 3, which also saw the police evidence (OIC playing me and prosecution counsel playing the police reading my interview transcript), medical evidence (inconclusive) and electronic records. The Crown then rested.
It would then have been my turn to take the stand, except I exercised my legal right not to as I did not have anything more to add to the damage already done to the prosecution case. Note here any veiled advice from defence counsel about this right and take heed. If you have said everything you need to say to the police in interview, it may be worse if you do take the stand. A barrister cannot tell you what to do, but if you apparently intend to take the stand, they may remind you of your right not to. Many people have gone to prison because of their own testimony, but you will have a good idea after the witness testimony.
The upshot for me was that the summing up began at the end of day 3 and concluded with the evidence review at the beginning of day 4, at which point the jury was sent out to deliberate. This was the most nervous moment yet. It was eased by a summing up that focused heavily on the inconsistencies of the prosecution case. After 2 hours of deliberations and the lunch break, the jury returned. I felt more nervous than ever when I was asked to stand and it wasn't until the two magic words were said by the foreman on the third and final count that I could catch my breath again.
It's not easy. The trial itself is not as scary as you imagine, though I had the luxury of not facing cross-examination. Of course at the same time I worried whether I made the wrong choice, so it's swings and roundabouts. You will get through it.
Comment