Voluntary interview - Don't know the accusation!!!

[Peter1975]

It's often been said here that a trial is the time to put on your gloves and fight and I've often thought that boxing is a very good analogy in that boxing is really the art of not leaving yourself open to getting hit and you don't have to win by a knockout. Also, low blows can be punished with a points deduction.

Everyone accused of a sexual offence is essentially accused of losing control so the advice to not react in the dock and definitely not try to spar with the prosecutor who will be trying to get you to lose your temper is eternally good advice.

You have no control over how the complainant will come across to the jury but you do have control over how you come across so I urge you to meditate on that.

The big advantage is that you have truth on your side so there is nothing to catch you out.

I'll have everything crossed here for you.

[Smith22]

Thanks Peter - some great advice and I will follow it completely.

[Smith22]

Hi Peter and perhaps casehardened.

Just an update - don’t really know why but I think it helps writing the stages of this long ordeal sometimes helps.

So we had the section 28 cross examination of the FA. It was positive. I only took one family member with me who is a lot more optimistic than me but my barrister was also happy with the outcome. There was a lot of questions she couldn’t answer. If you recall it’s really a he said/she said but all the build up to before arriving at mine has a lot of holes in her story. And the barrister put these to her. Which she struggled to answer. Anyway the barrister didn’t push her on anything. I did ask why but his answer made sense explaining that she said enough. That he can tell the jury in closing statements that she couldn’t answer or gave different accounts etc.

The barrister now says it’s all down to cross examination. This does has me nervous as I’m just still in disbelief the justice system is coming down to how I come across to 12 strangers. I had played with the idea to get some outside help in preparing for the cross examination but someone made a good point that I might come across prepped and unauthentic. And as I’ve the truth on my side I’ve decided against it. There are also disclosure witnesses that have all had different stories at the time that will need to give evidence. Hopefully that will help also. So onto a 4/5 day trial next year 5 years after the initial accusation. Still can’t get over it to be honest. Perhaps I’ll give another update during the trial to let you know how it’s going.

Wish me luck

[Casehardened]

HI again and thanks for the update. I must confess that I had to google Section 28 as I hadn't come across it before!

I understand your concern that she hasn't had to face the jury while you still have that ordeal to come but bear in mind that your barrister now has the opportunity to present the weaknesses in her case to the jury without her being able to backtrack or change her statements.

If you come across as well in person in the witness box as you have done on this forum you should be ok!

(It may well be that the barrister was gentle in his cross-examination so not to elicit any sympathy for her amongst the jury)

[Peter1975]

Hello again Smith22,

Thanks for the update. Sorry this is a bit late.

S28 cross exams are new to me too, in that I have not personally witnessed one but it seems to me quite an advantage to know the strengths and weaknesses of the evidence against you months in advance. Hopefully you will be able to to use this time and information to anticipate what the prosecutor will be keen to press you upon and be as prepared as you can. You can also rest easy that the accuser won't be able to blurt out anything the jury won't be able to un-hear.

I agree that you don't want to sound pre-prepared or rehearsed in your answers but neither your barrister or the prosecutor can give you any advance indication of what they will ask you anyway so it's unlikely. You will be well rehearsed in the facts and the truth.

Many barristers would agree with CH and myself that it is not generally good practice to be seen to bully a witness as this could elicit sympathy with the jury and the 'correct' answers are the most important thing but it is wise not to expect the same courtesy when your turn comes. As I said previously, you are essentially accused of not being able to control yourself and the prosecutor will be hoping to rile you into demonstrating that to the jury. I have every faith that you will do well. Don't be afraid to take your time before you answer, have a drink of water. Try to speak naturally to the jury as if having a conversation, they are a tough audience for sure but unlike with the complainant, they can see you are a human being rather than an image on a screen.

Remember you are just answering questions and telling the truth. You don't have to win the case by yourself, that's your barrister's job - and they will help you out with a re-examination after the prosecutor finishes if necessary. I found it helpful to refer to the prosecutor as 'sir' ( I guess Ma'am if it had been a lady?!!) - I figured if nothing else, the jury would see that I had good old fashioned manners. Outside the court (where anyone could be watching) , I made an extra effort to be friendly and polite, chat to the staff, hold doors open, shake hands with the dock officer etc. I wanted to show the world, and remind myself, that I am a nice guy and I didn't damn well belong there.

The witness box is the loneliest place on earth I have ever experienced, the second loneliest is the dock with a jury of strangers staring at you. I found it helpful to take notes while in the dock and try to remain as inscrutable as possible so as not to give the jury anything they could misinterpret. I'm sure your lawyer will tell you never to "eyeball" the jury, I recall that at least one of them was staring back every time I glanced in their direction so only look at them while talking to them from the WB.

Other than resisting the temptation to visit the pub at lunch time - for several good reasons, I can't think of any other advice right now but please feel free to ask.

Best of luck.

[Smith22]

One week out Peter and Casehardened. You may know the feeling or not but the anxiety of this week is at the highest I’ve felt. One minute I’m happy cause it’s nearly done with and then the next I’m terrified that I won’t come across well, I don’t say the right thing at the right time, her lies get believed, actually to be honest there is a million things I’m scared of.

Let’s hope justice prevails as everyone close to me keeps on saying. Say a prayer. I hope the next update will be a positive one.

[Batmother]

Hello Smith22 I just read back and saw this all started for you back in 2019. !!!! That’s a hell of a long time to have this weighing you down. I really hope all goes well for you and hope you can come back and update on here with your good news. I absolutely get what you say about wishing it were here quicker but dreading it in equal amounts. My OH is waiting for a trial date after a false accusation that has been made against him from some years ago and it has totally wrecked us all, him especially. He doesn’t know the accusers/doesn’t remember them so it’s a hellish time working out why they have come up with the dross they have. As you say every day is a step closer to getting your life back, best of wishes to you and yours.

[Peter1975]

Hi Smith22,

I remember the feeling all too well and to be honest, I didn't have very much hope until the jury delivered its NG verdict after about 20 minutes. I didn't think I did as well as I could in the witness box and was kicking myself even though my barrister said I did ok and most importantly, I didn't rise to any bait or lose my temper. You have the biggest advantage because you are telling the truth.

There is a well worn phrase here that I've never liked but remains good advice, prepare for the worst but hope for the best. You can ask your barrister if you need bring a"nasty bag" in case the worst happens (see the useful info section) but it's a good idea not to let the jury see you with it .Get someone else to carry it in for you if possible. Remember it's a just in case measure, being prepared doesn't mean resigning yourself to defeat. There is every chance you won't need it and you can hold your head up no matter what happens.

Anyway, we'll be rooting for justice here and hoping to hear some good news soon.

Hang in there. Stay cool. You can deal with it.

[Peter1975]

PS:

On the subject of hope, I just remembered that this is a s28 trial so the complainant won't be there and will only be a disembodied voice on a video recording as far as the jury are concerned. It has long been shown that Juries find it more difficult to connect with a witness that it isn't there and their evidence can lose impact. A recent study has found there is a markedly lower conviction rate when special measures are used. The jury will see you are a real human being and a nice polite guy too and this seems like another advantage to me.

Rape complainants warned pre-recording evidence could backfire

https://www.bbc.co.uk/news/uk-67940103

[Casehardened]

I can't offer any advice based on personal experience but, to echo Peter's comments, the jury will see you as a real person rather than a screen image.

I guess the temptation will be to view the prosecuting barrister as an adversary when he questions you but it may be helpful to remember that he's just doing a job and if he was on the defence side you'd want him to do his utmost. As Peter advised, try not to get upset and rise to any bait in the questioning but imagine you're having a discussion about something serious that has cropped up at work with a colleague who you don't really like but need to get on with for the sake of the future relationship.

As mentioned, if you are as articulate in the box as you are in prose, you will be ok so very best wishes for the day!

[Smith22]

Hi guys, unfortunately not a proper update and no dancing bananas. The trial has been a nightmare from the beginning. So many things it’s hard to even remember them all. Mainly and not to unsurprising is the police suddenly found disclosure that wasn’t given in regards to call logs after 3 days. This has very little to do with my defence but more to do with her story. We had questioned her on the grounds that there were no call logs that night that she said she had made. Turns out there was one much earlier on. It really had very little impact but my barrister basically had pushed hard on that. They also turned up with gps location evidence that they thought undermined my events earlier in the evening. Actually proved her story again was infactual.

we were close to a mistrial. But I pushed very hard against it. I know at one my point my barrister and solicitor were in favour for it but I just couldn’t take anymore delays. So maybe now due to some jury advice I might be at a disadvantage but we still ongoing into next week. My 3/4 trial will at least be 7/8 days. I also have a crown judge on my jury. No one has ever heard of it before. Just my luck eh? There were slight objections from both sides about that but my Judge (who actually seems like a reasonable person) didn’t want to turn him away.

On to next week and thank you all so much for kind words.

[Batmother]

Hi Smith22 it’s good to hear from you. I kept checking everyday to see if you posted anything again and was getting a little concerned. It’s a b@stard for you that this is rumbling on into next week. Maybe my view is slightly off, but could it be a good thing you have a judge on your jury as he could well see right through your FA and know the tricks they might try and pull? Keep in mind you are telling the truth and truth is TRUTH. Let’s hope the FA and her team have given themselves enough ‘rope to hang her with’. Will be thinking of you and best wishes for a positive outcome for you. Keep strong, you are nearly through it.

[Peter1975]

Thanks for the update Smith22,

Gosh how stressful. I'm afraid that late disclosure is rather common and I've never seen it as anything other than a dirty trick, especially with this being s s28 trial. Hopefully, if the jury can be told of the logs this will undermine her credibility.

I've never heard of a judge being on a jury before, although it seems common for police to be members, we had one removed from my case because they knew the OIC but I spent the trial wondering if they might have been a sensible voice in the jury room that would pay careful attention to the evidence.

It sounds like you have a good legal team. My solicitor told me that these cases are often won with the final speeches and I'm sure your barrister will give the jury something to think about..

Hang in there, I've got everything crossed for the right result.

[Smith22]

After 8 days it’s not great news. Hung jury when the whole trial went my way in such a landslide. This has floored me. It’s just an outcome I never prepared for

[Casehardened]

Commiserations, something none of us were prepared for and I can't recollect this outcome in any other trial mentioned on the forum.

You mentioned a crown court judge being among the jurors; wonder if this was a factor in the jury not being able to agree...

In the past, this would have counted as a win, but unfortunately you're back in the waiting game....but of course this is now an opportunity for the CPS to 'honourably' drop an 'iffy' case......