Do everything that you can for yourself, its not like the tv or films!

[Stressed out mother]

Next week my son will stand in Crown Court, going through a trial that should never have happened. Ok everyone will say the same thing and I get that. But one thing that worries me and has over the past months that we have had to live through, is the fact that you think that your defence team go out and find your defence to your case. I accept that work goes on behind the scenes. I hope that when the day (monday) arrives that the barrister will use the information at his disposal to convince the jury in favour of my son.
BUT
Everything that I see being used is what we have found via internet, saved facebook post and messages. I understand that medical records have been obtained, obviously that was done by our legal team, not something with our capabilities! With a week to go we got in touch with a previous partner of the FA!! Our team had his details but it ended up with us contacting him. Only to find out that the FA cut her wrists in front of him and his family, just to get her own way!!! No wonder she reported a rape when she was told she was not being taken home exactly when she wanted, because son had to go to work.
A statement has now been given by him to our legal team, hopefully it will go some way to proving here lies. What I find so hard to get my head around is that on tv etc the defence searches for proof, but real life seems to be you have to give them the proof and they then make their case.
No matter how things go next week I know that we as a family could do nothing more to prove his innocence. The shame is that the legal system seems to forget that many people in our situations have no idea of what is happening. We have rose coloured glasses on about how these things work out, and its only thanks to finding this site that I have any confidence that all that can be done has been done.
Dont get me wrong, our legal team seem to be good, they just forget that we also need support during the process and also that we need to have it made clear to us that the majority of work for the case has to come from us.
So to anyone starting this aweful process. Make sure that you get as much information as you can, whilst you can. Dont presume that it will be done for you by your defence. Leave them to talk the talk in court but make sure that you supply them with as much as you can to prove your innocence!

[imsam]

Good luck with your trial, do let us know how it is going. It does sound as if the information you have found out about the girl will greatly help your case.

I totally agree with you about the help you are getting from your lawyers, on TV they all go to amazing lengths to find out things that help your case, but in reality I see its a matter of 'The Lord helps those that help themselves'

I know of a court case a few years ago, where a builder was building an extension on a house for someone, he started the job, got over half of the money, then left the job unfinished with the old kitchen wall down and the house left exposed to the elements. It turned out he had not even applied for planning permission, and when the case went to court it transpired he had done this before and was a bankrupt and the business was in his wife's name, who of course had no money. IF the lawyers , which included a barrister, had investigated and found out he was a bankrupt, there was no point in taking him to court, which cost the guy a LOAD of money. The judge admonished the barrister for failing in his duty but basically he got away with it. So the solicitor and barrister did NOTHING .

Its the same with medical conditions , if you have a chronic medical issue, who HAVE to research it yourself, relying on your GP to send you to the right consultant, get you on the correct treatment plans etc is useless they are all too busy .

A sad but true fact, unfortunately for me I have not found out anything on social media etc that helps my case

Good Luck though to you

[Pond31]

I am doing all I can.

I have a few brain cells in my head, so I have spent my time doing things for myself. I got an email today back from the PPS (CPS) Prosecutor about my case. I asked questions directly rather than going through my solicitor. The PPS were very professional and answered the questions I asked. I asked them about the timeline of my case and they said there was a delay because they had to ask the police for some more information, which they had yet to receive. So instead of sitting on my ass or again going via my solicitor, I phoned the police and said "OK you were asked a month ago to get the information. have you done it". The police officer was firstly confused about how I knew they had been asked for it but then said that they have done it and its being typed up at the current moment. I do think the police officer was annoyed but as many on here say "they are not your friends".

In other words because you are not a legally trained individual it does not prevent you from educating yourself. Arm yourself with knowledge. Take the FB snapshots, keep texts, gather evidence etc. There is an arrogance in the legal system to think that ordinary people can be lied too, bluffed or distracted and that we will simple accept what they say. This is not true. Stand up for yourself. Listen to your solicitor but gather your own evidence and take your own action were needed.

The PPS (CPS) Prosecutor was very professional but I suspect now that they know I am not going to take anything lying down. As Sherlock Holmes used to say "The game is afoot"

[carrot tops]

Wishing you and you son all the best for next week stressed out mother. Have faith in the jury system , it definitely worked for us, though the whole process is very stressful.

I literally picked my way through daughters statement word by word preparing sons defence. I also watched her walking past our house despite supposedly suffering from panic attacks. I made notes of timings and what she was wearing and gave this information to the police who clearly fed it back to her. At the time I hoped that as the case was under " constant review" it might get dropped before court. I was a bit more naive back then. Clearly the police talked to daughter about her walking past our house as she rang up and was abusive on the phone asking why we were making trouble for her ! She also claimed to suffer with bulimia so I countered the truth of this with the fact that she had regular dental checks and no problems with her teeth.

Very often you feel you have so little to defend yourself but the little things all add up. Whilst I am not happy with the press for reporting the reporter in court at the end of the trial told my husband he could tell daughter was lying straight away.The jury seem to stay very deadpan but one male juror had a very sympathetic look when I was giving evidence and it really helped focussing on him.

Might be worth checking out some mindfulness exerises or gentle yoga on you tube if you can to calm yourself in the coming days.

Will be thinking of you and wishing you all the best.

[Peter1975]

Next week my son will stand in Crown Court, going through a trial that should never have happened. Ok everyone will say the same thing and I get that. But one thing that worries me and has over the past months that we have had to live through, is the fact that you think that your defence team go out and find your defence to your case. I accept that work goes on behind the scenes. I hope that when the day (monday) arrives that the barrister will use the information at his disposal to convince the jury in favour of my son.
BUT
Everything that I see being used is what we have found via internet, saved facebook post and messages. I understand that medical records have been obtained, obviously that was done by our legal team, not something with our capabilities! With a week to go we got in touch with a previous partner of the FA!! Our team had his details but it ended up with us contacting him. Only to find out that the FA cut her wrists in front of him and his family, just to get her own way!!! No wonder she reported a rape when she was told she was not being taken home exactly when she wanted, because son had to go to work.
A statement has now been given by him to our legal team, hopefully it will go some way to proving here lies. What I find so hard to get my head around is that on tv etc the defence searches for proof, but real life seems to be you have to give them the proof and they then make their case.
No matter how things go next week I know that we as a family could do nothing more to prove his innocence. The shame is that the legal system seems to forget that many people in our situations have no idea of what is happening. We have rose coloured glasses on about how these things work out, and its only thanks to finding this site that I have any confidence that all that can be done has been done.
Dont get me wrong, our legal team seem to be good, they just forget that we also need support during the process and also that we need to have it made clear to us that the majority of work for the case has to come from us.
So to anyone starting this awful process. Make sure that you get as much information as you can, whilst you can. Dont presume that it will be done for you by your defence. Leave them to talk the talk in court but make sure that you supply them with as much as you can to prove your innocence!

This is a good post with some good responses and a healthy reminder to all that the law is most definitely not like it is portrayed on television.

Sadly, for those of us who never for a moment thought we would be the wrong side of the law, the idiots lantern doesn't just leave us underprepared but sometimes as misguided as someone that thinks they can perform an emergency tracheostomy with a biro and a penknife because they've seen a lot of Holby City!

I can't say I'm impressed with you having to speak to a witness yourself after giving their details to the solicitors but it shows that you are on the ball and have done well to not leave anything to chance. You seem to have some confidence in the trial team and that by hook or by crook, they have all of the information they need to be able to put forward a good defence. Evidentially then, you are as prepared as you can be. Remember that there is time before and after each court session to speak with the lawyers if there is anything you are not clear about. Keep taking notes*

In practical terms you may find it helpful to get everything ready such as what to wear for each day, change for car parks and vending machines and the ominous sounding "nasty bag" which is merely a wise precaution and hopefully won't be needed, but it's always recommended that this is in the dock with the defendant when the verdicts are reached. Details for what you can put in it can be found in the useful information section along with some tips on courtroom etiquette and facing cross examination. It's not too late to practise a bit of cross examination either if you can take it turns to be the prosecutor asking difficult questions as obnoxiously as possible.

We will all be thinking of you next week and praying for the right result, please keep us informed.

*if you are in the public gallery you should ask permission of the court to take notes to save any embarrassment when the judge stops the trial to ask what you are doing. The defendant can always take notes in the dock.

[Stressed out mother]

Well I couldnt write this any better if i was writing a comedy!! Calls today between son and solicitor and me and solicitor, informed us that FA mother is refusing to attend court so will be interesting if her statement is accepted as cannot be questioned!
The FA is refusing to attend on the monday as she is in an extremely vulnerable position as she is pregnant!! This is wonderful considering that both her and her boyfriend of the moment are both using excuse of being unable to attend standing in court as suffer from stress, nerves etc etc etc and want to be via video link! Pity the poor child, if there is one!
Solicitor says would not be surprised for her not to attend on the tuesday (judge accepted prosecution request to change her day!). Of course that now means our day to attend as witnesses has changed! Totally causeing problems for his mate who is manager of a store and now has to change his staff rota again!!
Obviously "rape" has seriously affected her being able to face having sex!! Now solicittor has no idea how long the trial will drag out as apparently court is busy!!
Give me strength its a total farce!!

[Peter1975]

Sounds like a farce SOM, and interesting that the mother isn't wanting to attend, maybe says a lot but no doubt someone will be trying to change her mind so be prepared for that.

I believe defence can object to some or all of her statement if she can't be cross examined but that will be up to the judge.

Video links can have the effect of removing the complainant emotionally from a jury. I've been meaning to look this up but have been reliably informed that the conviction rate is lower when they don't appear live in court. Even crocodile tears will have less effect via a screen.

I've made a similar comment elsewhere tonight but the FA sounds like a typical drama queen, perhaps they model themselves on characters from the soaps or Jeremy Kyle. These people always seem to live in a cheap drama of their own making and have no clue how unimpressive and pitiful they appear to the rest of the world, or a jury. They rarely make good witnesses when they take their theatrics into the courtroom so it bodes well.

Hang in there.

[Stressed out mother]

Not Guilty

We arrived at court and after three hours where our barrister handed over messages sent between FA and son which had been given to police at original interview. Prosecution found that FA had removed certain messages to make it look like she had been raped. She was questioned by prosecution and admitted offence did not happen.
In court judge was extremely angry with prosecution for bringing it to court!!
Thanks to everyone for all the support and help. Make sure you never get rid of your proof of innocence. Just in case ever needed in the future.

[Franticwithworry]

We arrived at court and after three hours where our barrister handed over messages sent between FA and son which had been given to police at original interview. Prosecution found that FA had removed certain messages to make it look like she had been raped. She was questioned by prosecution and admitted offence did not happen.
In court judge was extremely angry with prosecution for bringing it to court!!
Thanks to everyone for all the support and help. Make sure you never get rid of your proof of innocence. Just in case ever needed in the future.

Woo! Hoo!! Thank goodness!!! After such a farcical experience, I hope you and your son can begin to recover. It's not always a smooth road, so don't forget we are still here if you need us. If you are willing to recommend the solicitor and barrister for a job well done, please put their details in the relevant thread.

[Casehardened]

Wow, surely with this revelation a charge of PCJ should be brought against the FA, won't hold my breath though....

Brilliant news for your family though......

[Pond31]

I hope you push for the FA to be charged with PCJ. I don't understand why the police did not take her phone and check the messages themselves. They may be open to a suit as well.

Pond31

[carrot tops]

So so pleased to hear this wonderful news Stressed out mother. Hoping you and your son will be able to let go of the stress now and very pleased the judge was so angry at this ver getting to court.

Hope this girl and the police are thoroughly ashamed of themselves.

Best wishes for the future

[lazy lass]

Absolutely fantastic news, great relief for you all.
Hope the FA doesn't come out of this unscathed.

Hoping you can put all this behind you and try to enjoy Christmas and a stress less new year

[Peter1975]

Brilliant news SOM and brilliant work on your behalf too.

I wonder if the police had an inkling that the messages were incomplete but ignored it with an eye on getting a charge for their clear up rate...

No matter! - it's over now and you can all relax!

Congratulations

[Goodguy]

Congratulations really pleased your ordeal is over and you didn't have to go through a week of hell. I definitely think if she's admitted it was lies she should be done and check it gets completely removed from your sons record you never know in the future when he may need a dba check or a clean record for other things.

But for now breath and start enjoying life again. All the best.