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

[Peter1975]

So sorry to hear this, you must be devastated for this to be still be hanging over you after all this time but trying to look on the positive side, it's only the second worst result you could have had and you have faced a long and gruelling ordeal with courage and fortitude and I have no doubt you will pick yourself back up to continue the fight.

I have no clue about what happens now in a s28 trial and whether the accuser could be called back to answer questions about the logs or if their evidence will just be replayed to a new jury in the event of a retrial. What I do know is that many barristers are not happy about conducting s28 trials because of scheduling problems and poor remuneration. It's very common for barristers to become unavailable for a scheduled trial and another one take over but if they have already recorded the s28 cross exam, they are committed to conducting the trial and I think I'm right in saying that applies to the judge as well. In other words, it could be while until both barristers and judge are all available, though I believe there is a government diktat to prioritise s28 trials too, so who knows?

Anyway, hopefully you won't have too long to wait and like CH, I will be keeping my fingers crossed the CPS reconsider the case in light of the late disclosure and decide to offer no evidence.

Please keep your chin up. You haven't come this far to only come this far.

[Batmother]

Hi Smith22. It had never entered my head that a ‘hung jury’ could be an outcome. Being in Scotland I don’t believe that is an option here as we still for now any way have 3 possible scenario’s ie Guilty, Not Guilty, Not Proven. I can’t imagine how you are feeling To have this dragged out for this long too. I hope that the CPS will drop this now as it must be slapping them in the face that their ‘case’ is weak at best, the stress that they have put you under and lastly the cost to run with this farce. I have read that they have 14 days to make a decision on whether to go for a retrial or not but that might be ‘duff’ information. I hope you hear far sooner and that they do the honourable thing. Keep your head up, you’re still here , still fighting it, you will prevail. All the best to you.

[Smith22]

Hi Peter-Batmother-Casehardened.

Thank you for the kind words many months ago. Just logged in and thought I would touch base to let you know I’m still ticking along. It’s been a long few months since my trial and the wait seems to be getting longer to sooner I get to my retrial scheduled end on November. Nothing really of note happening with the case. My barrister has changed and I meet the new one for a conference in Oct. He is from the same Chambers as my last so hopefully will be clued in. Unfortunately the last barrister said he might have a conflict in dates so said it was safer to change. After researching though I’ve read that for a retrial they don’t get paid the same amount as much of the work is done - unless it’s a new barrister so it is very likely I was just a pawn in them working the system for themselves. But hey ho.

I’ll touch base with you all again before the trial with another update. I know there was a lot of questions arose during first trial about certain things the police had done to produce certain evidence in a false light so hopefully this time around we can show that clearer for the Jury to see the truth.

All the best x

[Peter1975]

Hi Smith22, thanks for the update, glad to hear you are still hanging in there and seem to be on top of things.

Barristers are notorious for dropping out of trials, especially at the last minute due to scheduling conflicts, trial over runs etc. Many a member has prepared for trial with one barrister, only for another to turn up, which doesn't matter if they win but is obviously a bone of contention when they don't. Probably better your barrister drops out now rather than at short notice, giving you time to prepare with the new one who will hopefully be a star!

Anyway, keep going. You're doing well.