Hi, falesly accused of rape of a minor

[RFLH]

Sounds like a good move for you.

As Saffron says, please keep us posted on how things progress.

[Rights Fighter]

Oh jolly good show - you are indeed one "lucky" person in that you managed to get the transfer of funding so late in the day. And good on the 1st solicitors for coming clean - that is most unusual! Usually they cling on for dear life and if sacked will not answer to the court or they will blame the client. At least they've had the decency to come clean - as it appears.

[wessex]

Oh jolly good show - you are indeed one "lucky" person in that you managed to get the transfer of funding so late in the day. And good on the 1st solicitors for coming clean - that is most unusual! Usually they cling on for dear life and if sacked will not answer to the court or they will blame the client. At least they've had the decency to come clean - as it appears.

Think they were scared I did really work them over.
They rang me to ask for my mail addy.Then sent me a mail asking if I intended to go on with my law society complaint. Think that tells the story best.
Had they given decent service then I'd not have had the heart to change,even if it'd give me a better chance.Loyalty is important in life,as is doing the right thing,regardless of the outcome.
Still it's useful,but not a real victory.I'll wait to see what the new solicitors can do.The case has already been reviewed by my specialist.So when I go down to see them in a few weeks we may be able to get things moving.
As with all battles in life we should be putting the wrong doers on the back foot.Make life hassle for them,warn them that we'll fight back,not accept that a few lies will dictate to the court.There are still avenues open,and I really do hope we can utilise them.

[wessex]

Update on my case.

Had a call this evening from my solicitor.They set a trial date for 20th July,lasting 4 days.

Problem here is we haven't finished going through the evidence with the new solicitor,and they haven't had a preliminary to ask for disclosures etc.We haven't even appointed a barrister yet...fun,fun,fun.
All the solicitor said was I had to ring the court tomorrow and ask for a postponement.Why me?

Really came as a shock,I'm expecting a letter tomorrow with details,hopefully be clearer then.For now feel the CPS is trying to pull a fast one.
Anybody any ideas?

[Saffron]

I'm afraid I don't really know the legal system very well, but it does seem strange that you should have to contact the court yourself - surely that is up to your sol?

20th July is not very far away...I hope you can get a postponement, as you need to be seriously prepared.

No doubt RF will be along soon, although I know she has a huge amount on her plate today...possibly she will be around tomorrow. Sorry I can't be of more help...

[wessex]

Turns out a lot of this was the mess caused by my previous solicitors.
Warwick court wrote them 27th May with the July 20th date,they never informed my new solicitors.

In effect I've wasted this chance to be prepared,could have had it out of the way and done,now according to my solicitors we won't be ready till September.

I rang the court,my brief has to appear next week to explain the situation to the resident judge,then he will change dates if appropriate.

What a mess.

[RFLH]

we had a dozy legal team - gave us the wrong date for the trial. It started and we weren't there! It meant a 150 mile dash in just under 4 hours.

The moral is - always get the best for the job, that you can.

[Saffron]

Sounds like you are well shot of those sols. We had a terrible legal team as well - never, ever returned our calls! Also told us sentencing would be at Birmingham Crown Court, where the trial had been....on the morning of sentencing as we were waiting to catch a train to B'ham, we got a call to say that she had made a mistake, and sentencing was at the Old Bailey....

Good job you changed, I reckon!

[wessex]

After a lot of messing about I got a date of 23rd November,and it's in a different court.

Plenty of time to prepare of course,but plenty of time to drag on the situation and add to my health worries.

After it all I may be able to get a smidgen of compensation,but if I read the law correctly won't be able to sue the false accuser,due to UK law protecting the guilty in these type of cases.

[frankgallagherwasere]

Yes its almost impossible to sue accusers - thats why so many do it, nothing to lose. IF you could prove imcompetence and failure to follow procedure you could try the IPCC but Im sure others would say there almost useless too, but I would still make a complain if you have good grounds - statistics !!

MOst of the offences commited by crown side are criminal like perverting the course of justice and intent to defraud - even one could argue the Crown Barristers could be caught by this but never charged. As in with holding evidence or making accusations without ground or proof. They have a habit of making things sound like its fact and not just hearsay accusations and slander. One should be able to sue the crown on the basis of their attempt to financially damage the accused but then who listens and cares about that.

In a court of law anything goes, especially when you have the state on your side, else you can only speak when spoken too and even then only to answer a specific question not argue back or answer a question with another question.

Defence Barristers should always continuously remind the jury that what they are being told is only hearsay and unless evidence and proof just an accusation - but Im sure very few if any ever do.

One is left with the feeling your either unlucky, hard done by (cheated) or just lucky to get let off as sometimes you feel everyone is out to get you at all costs and every angle.

[wessex]

Thanks for the reply Frank,there is a test case in CofA at the moment,some guy who was falsley accused is suing the government.Don't hold your breath in the UK,but if he eventually gets it into europe he may well stand a chance.
As well as compensation the fact that you're unlikely to get done must be a real plus to false accusers.

My solicitors were recommended by others at FASO,so hopefully will do a better job than some.Even then it'll boil down to who makes the best impression on the jury,and not the real 'beyond reasonable doubt' that it should be.In a historical case with only verbal evidence there should be almost no convictions.The fact there is can of course be put down to a lot of things,especially police tactics.

[frankgallagherwasere]

Yes Wessez we all have to fight for survival and justice, even sometimes with out own defence and as some of us have experienced, its all too late after the event.

The reason those in the system do it is cos no one usually questions their methods - or else they wouldn't do it in the first place. They might get a hard time in the dock every so often, but if it was everytime then it wouldn't happen like it does.

Therefore to get change we need to start at those who uphold the law - and thats the defence lawyers. Of they were all honest and honourable, that would sort the abuse of procedures out without any need for all these epetitions and numerous fights to gain an appeal.

Yes the system should be taken to Europe and it should include all aspects of the Human Rights Acts and Legal Rights to a fair trial, I know the English system would be condemned as unfit for purpose in favour of the many whom it has so badly let down.

I guess they all expect us to turn a blind eye to the corruption just like their expenses. Atleast for those on the forums are more informed and better prepared to raise questions over all aspects of their case. The question is now - will they get the answers they expect??? who knows