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  • #16
    updates.

    Hi Everyone,

    Sorry if u have read updates on another board but others haven't, I'm going to copy and paste them on here. See what others think.

    Anyway I was in the family court 14th August. Finally got a solicitor at the 11th hour...... went in court X said she was to ill to attend because of panic attacks she was having because of what she has FA me of.... she said she did not want the children having any contact with me at all. To cut a long story short the judge was angry that she said that and said I was to have at least telephone contact.. and if she did not like it she can appeal... and I mentioned that this is now 11 allegations that she had brought up against me. The judge nearly fell out of his chair and said that he will order her to have an psychology evaluation.

    X is now saying that my daughter might not be mine so the judge again got angry and questioned this. He said why did she not mention this before.... he said before he even contemplates a dna test that she has to write a statement to explain why she thinks this.

    A section 7 report has now been requested as well as Cafcass reports. This is the same judge that gave me the residency in the first place... he was not impressed and has ordered all the past files to be brought to court. To be honest my solicitor and I know by the way his mood he was on my side and his manner was one of not believing what she is saying. We also feel that he is questioning the rape allegation.

    He used to be a crown court judge for many years.... he has asked for X's statement to be included into the family proceedings the recent one she made to the police... he said his hands were tied as to meeting up and seeing them also she did not get the prohibited steps order and I've still got residency for now. He felt that there was no need to change that at this minute.

    I now have a new solicitor I have spoken to him a couple of times previously and e-mailed him a couple of snippets of historical information of other FA. When talking to him he said well early in the conversation does she have a MENTAL ILLNESS kind of took my breath away really I said I think she has but the authorities haven't picked on this. I did tell him after that, that the family judge has his doubts and that he was thinking of ordering her to see someone. Anyway he said he will talk to the OIC as he feels this is not hoping to get anywhere based on the historical information. It feels good that the solicitor picked up on that she might have a mental illness. Not sure if he will say anything to the police about his feelings of the illness thing. Anyway just hoping not to be charged in a couple of weeks.

    This update was on 10/09/2013

    Another quick update this time from the OIC. Not sure how to view this one tbh. As and you know my bail is up on 25th this month. My mate still has not been questioned and the police have gone to the CPS. Why have they not interviewed my friend who was FA as the second person to allegedly rape X a year after I allegedly did this horrific crime. Ok I am going to copy and paste an email that my new solicitor emailed me, leaves me confused I will explain why after the email.

    "I spoke to the police and they indicated that they were waiting upon a decision from the CPS. Apparently the CPS have asked the police for more information about the proceedings in the Family Court. At this stage I don't think there is anything you should be doing."

    Regards,

    Solicitor.

    Ok my confusion, the family court are waiting for the police to finish their enquiry, What more information from the family could they get. Why they haven't interviewed my friend. Is this a good thing or bad???? Bloody really confused now so the 25th September now looks like a decision could be made either way. Is this a ray of light????

    This update was on 12/09/2013

    Had a phone call from my solicitor today re his e-mail. He has said two things which I wanted to share with you. the first thing is that he feels that the police going to the CPS without interviewing my friend could be in my favour as my friend would be my key witness as to the alleged incident that did not take place after all X accused him as well. Secondly the CPS not making a decision before getting more information from the family court again feels that goes in my favour. After discussing he feels that now they have gone too the CPS I should have either an NC, NFA or CHARGED he feels that a re-bail is not on the cards. He felt that after speaking to the OIC that it could possibly be NFA however as always be cautious just in case it goes completely the other way. Solicitor did say this is a complex case because of all the allegations previously against me. Maybe that's why the CPS have asked for more information. After all they wouldn't want this to go to court if all of that would be brought up.

    So could there be light at the end of the tunnel. Are the CPS being doubly cautious. Have the police actually done their job and seen both sides of the story?? who knows but one thing for sure I will know by the 25th September or even next Tuesday as my solicitor is phoning them back mid afternoon then. If any of you have any views on this then please reply.

    Thanks for reading this........

    Regards,

    Ghost....B

    Comment


    • #17
      Originally posted by Ghost biscuit View Post



      Another quick update this time from the OIC. Not sure how to view this one tbh. As and you know my bail is up on 25th this month. My mate still has not been questioned and the police have gone to the CPS. Why have they not interviewed my friend who was FA as the second person to allegedly rape X a year after I allegedly did this horrific crime.

      Why they haven't interviewed my friend. Is this a good thing or bad???? Bloody really confused now so the 25th September now looks like a decision could be made either way. Is this a ray of light????

      This update was on 12/09/2013

      Had a phone call from my solicitor today re his e-mail. He has said two things which I wanted to share with you. the first thing is that he feels that the police going to the CPS without interviewing my friend could be in my favour as my friend would be my key witness as to the alleged incident that did not take place after all X accused him as well.
      Hi GB,

      Thanks for bringing us up to date, though sorry it hasn't yet been resolved for you.

      I have had no experience regarding family courts so won't try to answer your queries concerning that, but agree it is puzzling that your friend hasn't been interviewed about the accusation against him.

      You didn't mention this in your op; I'm now wondering how you found out about it, did the police, friend, or X tell you......what I'm getting at is are you sure it has actually been reported to the police or could it be Chinese whispers to cause mischief?

      These days it is hard to believe that the police wouldn't investigate an allegation of rape by at least a voluntary interview with the accused unless it is patently obvious that it could not have occurred; if this is the case then it also throws serious doubts on X's allegation against you!
      'What doesn't kill you makes you stronger'

      Comment


      • #18
        Hi Casehardened,

        My friend was accused as the police read a transcript from X's video statement. X said that on the second occasion we had a 3some against her wishes then stated that he raped her first then I went second I have not been told off the police not to contact my friend nor has he been arrested. Now they have gone to the CPS and the rest is what I have already explained. That is what is confusing my solicitor and I. Why have they gone to the CPS before arresting or even questioning my friend. They took his name off me and that was that. I was in contact with him today and they still haven't contacted him. He is known to the local police for petty crime a few years back. I hope I have answered ur question.

        Regards,

        Ghost....B

        Comment


        • #19
          Originally posted by Ghost biscuit View Post
          Hi Casehardened,

          My friend was accused as the police read a transcript from X's video statement. X said that on the second occasion we had a 3some against her wishes then stated that he raped her first then I went second I have not been told off the police not to contact my friend nor has he been arrested. Now they have gone to the CPS and the rest is what I have already explained. That is what is confusing my solicitor and I. Why have they gone to the CPS before arresting or even questioning my friend. They took his name off me and that was that. I was in contact with him today and they still haven't contacted him. He is known to the local police for petty crime a few years back. I hope I have answered ur question.

          Regards,

          Ghost....B
          Hi GhostB,

          Thanks for the clarification and now I am confused as well.....on the face of it, it would seem that they have simply fallen down on the job by not interviewing all witnesses to the allegation.

          On the other hand it is well documented on the forum that the police won't bother interviewing witnesses whose evidence is favourable to the accused and I note you said the police read you a transcript from the video interview, which I'm assuming is not the whole of it. It could be that as the interview progressed they challenged her account of the 'threesome' incident and it became apparent that your friend had no case to answer.

          They therefore just picked a bit from the interview which implicated you and ran it past you hoping for an instant confession, they would at least then get one conviction out of it! After all you were her partner rather than a one night stand and so an easier target I note you said she had made two separate accusations against you; i.e. another one as well as this 'threesome' incident so this is an easier prosecution than a 'one-off'.

          This is all theory of course, and you won't see the complete transcript unless, heaven forbid, you are charged, but whichever way it is looked at, it has to be a positive for you.
          'What doesn't kill you makes you stronger'

          Comment


          • #20
            Hi Casehardened,

            Like my solicitor said the police should investigate all parties that has been accused. Yes I was accused and said that I allegedly raped her one year early when I just got with her. She gave a scope of first three 3 months of our relationship. However a statement she gave to the family court around 2004-5 said the relationship was good for the first 6 months so again not being fully truthful to the police is she. Lots more stuff where I have 3 different log numbers one for kicking my door in, another for smashing my windows in on my house and the other for stabbing me which she was convicted for all of these are like 1,2 and 3 years after the alleged event took place. However she did not tell the police a correct spelling of her name so when they PNC her no details came up until they interviewed me, then after the interview thy were bloody trying hard to get the correct spelling of her name. She is not as innocent as she makes out. That is why we feel they are looking at the family court papers to check if they would get a conviction or not. Or to see how straight forward a case would be against me.

            You say that that which ever way it is looked at it has to be positive for you can I ask why you feel that please.

            My solicitor is non to please they haven't interviewed my friend however he is holding his tongue to see if I am being charged or not then maybe that will come into play.
            After all you should not pick and choose who to interview when two people have been accused of a horrific crime against one person. All parties have to be interviewed surely.

            Regards,

            Ghost....B
            Last edited by Ghost biscuit; 14 September 2013, 10:09 AM.

            Comment


            • #21
              Originally posted by Ghost biscuit View Post


              You say that that which ever way it is looked at it has to be positive for you can I ask why you feel that please.
              Hi GhostB,

              If the police haven't interviewed your friend because, after considering the whole of X's video statement they don't feel he has a case to answer, then this means that they consider the allegation against him is suspect. If X's allegation against him is suspect then equally her allegation against you should be considered suspect (for that incident)

              If the police haven't interviewed your friend because his statement would corroborate yours (and here I'm not sure what that was, whether you denied the incident occurred or stated it was consensual) then he will be a vital defence witness (and more credible if not also charged with the offence!)

              If they haven't interviewed him because they forgot/can't be bothered then this reflects badly on the police 'investigation' and doubtless will be highlighted by the defence barrister in court (should the matter get that far!)

              Best wishes,

              CH
              'What doesn't kill you makes you stronger'

              Comment


              • #22
                Hi Casehardened,

                I denied the event took placed because it never. She said she knows it took because my friend and I went to meet a guy afterwards and here is the silly thing. The friend lets call him SR, The SR as X mentions, I never knew him till I moved to my location which was only a couple of years ago. Now my friend has never heard of SR and the only way I knew this man was because he groomed my stepdaughter and we had to go to a CP meeting 2 years ago, X was there as well and that is the first time she knew his name as well. However unless he was terminator and travelled back 8 years then I could not have possibly knew of his existence. He has since killed himself. So I barley knew this man, my friend has never met this man and as we know time travel is not possible that is debatable but you get my drift. I told the police officers this during my interview.

                I hope that has made things clearer for you. I can speculate until the cows come home but if I do get charged then I have lots of evidence already in may corner. Its good to be prepared.

                Regards,

                Ghost....B

                Comment


                • #23
                  Hi GhostB,

                  If I've understood you correctly X's allegation is that you and your friend both raped her one after the other and then went to meet SR (who you didn't know and hadn't met at that time)

                  My apologies, I'd assumed you'd actually had a consensual threesome which X later regretted and converted to a rape!

                  All I can say is that I'm glad I'm not the DC with the job of investigating that one If she wanted to frame you she should have come up with a simpler and therefore more convincing scenario; genuine gang rapes are fairly rare and are always reported immediately while consensual threesomes are probably fairly common and not usually reported as rape years later; no wonder your friend hasn't been interviewed, I guess you only have been because of the second separate allegation solely against you that X also made.

                  As you say, you have a good defence should it go any further.
                  'What doesn't kill you makes you stronger'

                  Comment


                  • #24
                    Hi Casehardened,

                    You nearly have it correct, however the first rape allegedly happened a year earlier that was just me not my friend, the second one a year after the first. Then a year later guess what she had a baby to me go figure that. Then she moves out, then comes back and stabs me after other things she did to the house criminal damage etc. Yet I'm the one on bail don't make sense. Its just to help fuel her custody case tbh. After all the children have been with me for 7 years. It's now with CPS who have asked the police to get more information from the family court.... so did they not have enough evidence to charge me before asking for papers from the family court.... God only knows the rest of us are just guessing.

                    Regards,

                    Ghost....B

                    Comment


                    • #25
                      Originally posted by Ghost biscuit View Post
                      Hi Casehardened,

                      You nearly have it correct, however the first rape allegedly happened a year earlier that was just me not my friend, the second one a year after the first.
                      Hi GhostB,

                      I've just read your reply to RF on the PAFAA forum but prefer not to answer on there as she will probably want to.

                      Don't want to unduly depress you but it has just occurred to me that another reason for the police not interviewing your friend is that the CPS are only considering X's 'first' rape allegation.

                      Regards,

                      CH

                      PS....love the new avatar!
                      'What doesn't kill you makes you stronger'

                      Comment


                      • #26
                        Hi CH,

                        Its ok not really thought about that. Tbh if the evidence I have does not help then im screwed.
                        Just have to wait till 25th now. I did not do what she said. Its the only way
                        She could get the kids off me after 7 years of trying. 4 times now in the family court. Oh well
                        Have to wait and see. Thanks.

                        Regards,

                        Ghost....B

                        Comment


                        • #27
                          Another Quick Udate.

                          Hi Everyone,

                          Just had a phone call and now have I been told the reason why I am being re bailed. The OIC has said that they are looking for the family papers from X to see if she has mentioned that she had been raped in any of them. As she feels that it is strange that X would not have mentioned anything like that in previous proceedings. Also they have her PNC check an know all the times she came to my house with violent intentions after the so called event. She said the CPS have asked to look to see if there is a pattern to her behaviour as they need to be sure of the allegation to take their case forward.

                          The OIC said they phoned X to see if she can give them the case numbers and if not the OIC is asking if I can provide them. I can but have said I will phone my solicitor first to check. My bail will be 8 weeks as they will have to wait for paper work to come back and go through it. The OIC has said they are looking to see if she has disclosed the allegation previously, I said no not once did she mention any of this. The OIC said if she hasn't its strange because you think she would of by now via family courts. So no mention about my friend who has been accused not one word. I think and I may be wrong but if they want the family papers have gone to the CPS not had my friend for interview, then I might have that rare OIC who is actually looking at both sides?

                          Regards,

                          Ghost....B

                          Comment


                          • #28
                            cop shop

                            Hi,

                            Off to the police station soon bloody 40 minute drive damn them and the petrol prices.
                            Guess no more to say see how long I'm re bailed for.

                            Regards,

                            Ghost....B

                            Comment


                            • #29
                              Quick update.

                              As you all know I went to the police station to answer bail and yes I was re bailed like I have already said, however the OIC took the paper work off me. This morning I typed up an index of all the paper work I was bringing for the officer to photo copy. At the bottom of the paper I typed a line of print name and underneath that I typed signature with dotted lines. She did both and was more than happy to and showed me the photo copies what she did.

                              When It was time to give me my bail conditions the custody officer said what are his bail conditions. He looked at her she looked at him and said the same as before, he said to remain at his address and non contact of the victim. She said er just the one of no unsupervised access to children under 16 unless permission of the police and SS. I looked at her and said no that's wrong its just with the SS not the police she said are you sure I said yes I was at the magistrates. She said oh ok, the custody sergeant said so I put that then and what else she that will do. He said none of the others she looked at me and said no just that one.

                              The OIC then said to the custody sergeant that it has gone on since 2004 all the accusation and that she wants it done by 4th December and finished with, depending on the CPS decision. She said I will phone you as soon as I hear anything but as far as I am concerned we have finished the investigation on our side its just to do with the family papers and then their decision, she said its takes 6 weeks from when they apply so she said hopefully it wont be 9 weeks it may be sooner that I phone you with the decision. I said right what about my friend then if its gone to the CPS already she looked up paused and said well if there is no number for him no address and we cannot find him then to me he seems to of fell off the face of the earth what are we to do, there is nothing we can do if we cant find him we cant interview him, gave a little smile. In other words if anyone mentions his address then they will have to prolong the bail and interview him etc. If the police wanted him they could get him. I think the way she put it was I really don't think anything is going to come of this so you don't know his where bout's etc. and you haven't mentioned anything to me.

                              She just kept stressing to me that its needs to finish this now after all the allegations, and she said you would think that after all the family court hearings she would of mentioned this. Like I said to her not one word of rape was mentioned in any family court papers. She said there you go then and I think hats what the CPS are looking for.
                              She said next time I see you I want a conclusion and hopefully it will be an NFA I said I cannot have an NFA if no crime took place as that would still appear on the soft information on a ECRB she said she will look into this for me as I explained the type of work I have done and will want to continue, she said right I will see what happens with this then look into a NC. Again looks good but I know that it can still go wrong.

                              Regards,

                              Ghost....B

                              Comment


                              • #30
                                Hi GhostB,

                                Thanks for your update........it's all sounding good
                                'What doesn't kill you makes you stronger'

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