My brothers story

[Out of my depth]

Hi my family have been through 2yrs of hell, it started with my brothers step daughter, who accused him of sexual assault when she was 4 and then again when she was 8. When these things were meant to of happened the address she gave for the first time they did not live there, but he has no proof of this. The second time never happened as his wife never let him go anywhere on his own. He had just been through a very bitter divorce too. I will go into more details on another post, and give a full account of the ins and outs.
My brother went in to a deep depression and basically buried his head in the sand. Cut to point he lost his case he wants to appeal, he is serving time and we need a good solicitor to help us. We live in the greater London area near Kent.
Please any help or advice is needed and welcomed

[mickw]

Not an expert on appeals, however could you or someone on your behalf check the electrol roll to see who was living at the address you mention, at the time of the alleged offence.

Mick

[Out of my depth]

My brothers story

I don't know where to start, but I will start with some back ground.

My brother married this women with a kid already, she was 1, he took her on as his own but he was told he was not allowed to do any disapline. They had what seemed like a normal marriage more kids (3). There house was always a mess and I mean a mess, unclean and filthy. They lived in her nans house with her stepdad.3 bedrooms so when they had two kids and step daughter there was no room and had to move out. Was waiting for council house to come available. I helped them out with childcare as he worked and she worked evenings, until she went on maternity leave. So I had step daughter and nephew. I would pick them up and take them home, and of a weekend they would sleep over. After next baby was born, they managed to get new house as overcrowding, during there time there wife had at least two affairs and my brother was kicked out. My parents took him in, I had moved out of parents house so there was room. I would help him take the boys out as he didn't have a car, wasn't allowed to take step daughter, we wanted to as she was our family. They got back together had another child. This house was also in a state, the wife's mother called social on them because of the house. She was at home my brother worked shifts so was not home a lot. My parents brought them washing machine, tumble dryer and a dishwasher as wife said she can't cope with all the house work etc offered to have kids so she can get on, when they were off work. Social offered to help them get carpets and bedding and other stuff, we also helped with kids clothing and shoes. But nothing was done by either of them, her stepdad moved in so more strain was put on them.

Then one day they announced they had moved up to Yorkshire. They were staying with family and was waiting for a place to come available. So they got a place and they all came down and got some of their stuff, they had 3 kids in the back of a van with their dog and youngest was in front with them. My brother was never allowed to go anywhere alone as she was worried he was seeing someone else which he wasn't. She would keep the kids off school so she could be on the bus with him etc.

They had a rubbish life all ways in debt as she didn't like my brother working and she left school early to have a kid. House was never clean. I hated going to see them as it was so dirty.

He's wife was always a victim, been abused by past boyfriends she told me that was why she was so clingy to Paul.
My mum become very sick, which they knew about she was fighting bowel cancer for 5 years, but she eventually she wasn't going to get better so we got my brother down to London so he could say goodbye. He was down for about 4 days and it was just before Christmas. He wanted to get home for Christmas, we managed to get him on a train on Christmas Eve.

Her mum became ill within a year, her family didn't tell her at the request of her mother, but she got a phone call saying she had to come quick as her mum wasn't going to last, but she didn't make it in time, the marriage went down hill from there.
She turned violent towards him broke his ribs twice, she did kick boxing.

Eventually they got divorced it wasn't pretty, she went behind his back got him off the tenancy of the house they lived in. Chucked him out and destroyed his belongings. My dad went and got him, the kids apart from his stepdaughter wanted to live with him, she wasn't at home very much she had sort of moved in with her boyfriend at 15. She had been allowed by her mother to stay at her boyfriends house since the age of 12.
In the end only one son came down with him, within a few months his wife moved down with 2 kids and moved into her boyfriends house, and left her daughter in Yorkshire to do sixth form she was in a room at a boarding house.

The stepdaughter became ill and was admitted to hospital for a few weeks, her mother went up to Yorkshire but didn't visit her in hospital.
My brother would see the kids at the weekend etc, and a few years went by he built his life back up again.
He had a friend that would give him updates on stepdaughter. As they didn't talk their relationship had broken down after his wife told her your dad ain't your dad. Doing well got into oxford uni, great.

Then she rung up out of the blue after his exwife went back to Yorkshire to get tattoos, left the kids at home for a long weekend without food or money and the stepdaughter had to sort them out. She told my Brother about it and had said that a family friend had already called the social and nothing had been done, she wanted him to call them too or else he would be sorry. He said he would talk to the kids and his wife to find out what was going on.

Then a month later police were on the doorstep and taking him into custody for sexual assault on two occasions, and the nightmare began. She couldn't remember details, it was like the police were feeding her on what to say on her statement. The other occasion was years later when she states they came down to her grandads to get their belongings when they moved which didn't happen as we all told them off for having the kids in the back of a van.

They checked all his phones computers they came back clean not even normal porn was found. The police mucked up and didn't record his interview, he had about 5 different solicitors. His other kids were interviewed but they never got used.

Sorry for the long post

[Casehardened]

Then a month later police were on the doorstep and taking him into custody for sexual assault on two occasions, and the nightmare began. She couldn't remember details, it was like the police were feeding her on what to say on her statement.

Hello and welcome to the forum,

Just to clarify, to help members respond, who made the accusation, was it the stepdaughter? If so how old was she at the time that she said the allegations occurred?

[Out of my depth]

Hello and welcome to the forum,

Just to clarify, to help members respond, who made the accusation, was it the stepdaughter? If so how old was she at the time that she said the allegations occurred?

Yes sorry was the stepdaughter she would of been 4/5 first time and 8/9 second time

[Casehardened]

I've moved your post into this section of the forum as more members are likely to see it here though I appreciate the accusation is of sexual assault rather than rape.

It is interesting that you mention that your brother's interview wasn't recorded (I'm presuming due to a technical failure?) as the only similar instance recorded on the forum ended in an NFA possibly because the CPS didn't have a transcript available to base a decision on.

If the police do try to reinterview him it is worth contacting the original solicitor who sat in on the first interview as I understand that the same questions can't be asked again and he may have made notes on the questioning.

[Lucky]

Case Hardened makes a great point.

you would need to at least reference the notes from the first interview, because you don't want the police to have 2 bites at the cherry due to their own systems failing them.

good luck.

[Lucky]

London -

Arcadian Law - 0203 750 9595 ( go with Riz )
Edwards Duthie - 0208 514 9000 ( go with Sean Murphy )

either of those will be good for you. don't think you'll get Legal Aid for an appeal though ^^

[Rights Fighter]

The first question would be: "what does defence counsel say about the prospects of an appeal?"

He should have received a document called an "Advice on Appeal" from trial counsel which should outline the background of the case, briefly what happened at trial, the concerns of family after conviction and why he or she believes that there are no grounds with which to appeal.

The 2nd question would be: "is he eligible for legal aid?" or "can he afford to pay privately?"

Please be aware that the appeal courts hate to allow appeals of this nature so they are not at all easy to win, even with good arguments.

[Rights Fighter]

The police mucked up and didn't record his interview, he had about 5 different solicitors. His other kids were interviewed but they never got used.

This sounds odd. I know of one person who was NFAd. Before that she was scared stiff she would be reinterviewed as the police "lost" the tapes to her interview. I took advice from a solicitor who said that they cannot reinterview on the same subjects without fresh evidence for them to answer.

I would be surprised then, that they could actually go ahead with this. Are you absolutely sure they did interview this person (ie in a proper interview room with tapes - albeit that they seem not to have worked?)

You say he had about 5 different solicitors. Any idea why that would be? Did he "sack" them or were these simply different duty sols from the same firm? If so I would ask why 5 solicitors in any event? How many interviews did he have (that appear not to have been recorded?)

Also you say that "his other kids were interviewed but they never got used". Used for what? Did they make allegations or why were they interviewed?

You say that the kids were "not used". Do you mean they were not mentioned in his interview?

I am trying to work out where this case is at now.

Apologies for the questions but I cannot properly advise without the facts.

[Out of my depth]

The first question would be: "what does defence counsel say about the prospects of an appeal?"

He should have received a document called an "Advice on Appeal" from trial counsel which should outline the background of the case, briefly what happened at trial, the concerns of family after conviction and why he or she believes that there are no grounds with which to appeal.

The 2nd question would be: "is he eligible for legal aid?" or "can he afford to pay privately?"

Please be aware that the appeal courts hate to allow appeals of this nature so they are not at all easy to win, even with good arguments.

Hi thanks he was told he doesn't feel there is enough for an appeal but we need to try, we have been told that he may eligible for legal aid, so the wheels have started turning but he has already had a very bad experience in side, and it's very distressing for the family.

And thank you for the recommendation of solicitors

[Out of my depth]

This sounds odd. I know of one person who was NFAd. Before that she was scared stiff she would be reinterviewed as the police "lost" the tapes to her interview. I took advice from a solicitor who said that they cannot reinterview on the same subjects without fresh evidence for them to answer.

I would be surprised then, that they could actually go ahead with this. Are you absolutely sure they did interview this person (ie in a proper interview room with tapes - albeit that they seem not to have worked?)

You say he had about 5 different solicitors. Any idea why that would be? Did he "sack" them or were these simply different duty sols from the same firm? If so I would ask why 5 solicitors in any event? How many interviews did he have (that appear not to have been recorded?)

Also you say that "his other kids were interviewed but they never got used". Used for what? Did they make allegations or why were they interviewed?

You say that the kids were "not used". Do you mean they were not mentioned in his interview?

I am trying to work out where this case is at now.

Apologies for the questions but I cannot properly advise without the facts.

Hi yes sorry was trying to get it all down and give as much as I can
The kids were interviewed to see if there was any of them had been abused etc I assume as we have no other information than that, I thought that they may be included in the case for something

He only had one interview which was mucked up the tapes didn't record the interview, he was called in to do another interview, but the pc that was on the case told him not to do another interview can't remember why as don't have his notes to hand.

He was told by the police it would NFA

He had 5 solicitors as the case had taken over two years to get to court due to cps and the solicitors were one went bust, but unsure on others as it took so long to get anywhere, he was on bail all that time. Finally got to court 3days for hearing then 3 days for jury to come to a decision. He is serving time


Can I get the judges summing up as I'm told I need it for an appeal

[Rights Fighter]

Ah right ok so he's been convicted.

JSU is a good place to start although if you can afford to buy the entire transcripts that would be even more helpful. Very expensive though.

To get the JSU you will need to find out who the transcribers are for the convicting crown court. Which court was it?

[Out of my depth]

Ah right ok so he's been convicted.

JSU is a good place to start although if you can afford to buy the entire transcripts that would be even more helpful. Very expensive though.

To get the JSU you will need to find out who the transcribers are for the convicting crown court. Which court was it?

Inner London court

[Rights Fighter]

Just asked a London solicitor friend of mine. Are you on Facebook? There are support groups on there you can join. Look for PAFAA with SOFAP