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  • Charged

    My partner was charged on Friday. We are in total shock and disbelief. We thought we had given plenty of information which would show that the allegations could not possibly have taken place. Very much scared that they consider there is more than 51%chance of a conviction. Are they saying the statements that the defence have given are all lies? Is it possible that the OIC has not provided CPS with the full information? So many questions and feel there are no answers.

    We have got our legal team engaged and so the battle begins. I don't feel very strong at the moment as we are still in shock but hopefully this will fade slightly once we receive all the papers. Feel sick at the thought of reading/ viewing it all. Luckily, there is much that the FA has said, so we hope there will be many holes in it.


  • #2
    Hi CIGW,

    Take comfort from the likehood that CPS are under pressure from politicians and public to push cases through which previously they would have discontinued. I remember you posting that the accuser's story was so full of holes that no-one could take it seriously; if the charges results in a trial, which is by no means a certainty, if your legal team can pick their own holes in it, then it will be folks like you in the jury listening to the 'evidence'.

    'What doesn't kill you makes you stronger'

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    • #3


      Stay strong CIGW. Thinking of you.
      The truth is like a lion. You don't have to defend it. Let it loose. It will defend itself.

      St Augustine

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      • #4
        stay strong babes - plod and cps have conviction targets to reach they're probably reeling from the high profile cases that keep getting NG - BUT - we should all take heart from those - they all had multiple charges and still got NG on all of them as have some on here and the other forum...
        many people have said that being charged brought a kind of relief as now you know what you are fighting and can really start to do something about building a defence should it ever go that far...you have a very good team behind you and they are very experienced in finding holes and contradictions in "evidence"
        Keep strong and make sure you get some support for you - you will find it hard to keep all your family going on your own.....
        "Only love can light the mirror of your soul" - Chris de Burgh

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        • #5
          Originally posted by Casehardened View Post
          Hi CIGW,

          Take comfort from the likehood that CPS are under pressure from politicians and public to push cases through which previously they would have discontinued. I remember you posting that the accuser's story was so full of holes that no-one could take it seriously; if the charges results in a trial, which is by no means a certainty, if your legal team can pick their own holes in it, then it will be folks like you in the jury listening to the 'evidence'.

          Thanks Casehardened - I do want to take comfort of the possibility that CPS are putting cases thru' when the case does not seem to hold water. However, my negativity creeps in and I cannot see why they would do that as they will then get criticised for so called 'weak' cases.

          The accuser has given a 'big story' with many things that just do not add up. So I hope this will be her failing. However, with all historic cases, it is just down to her word - she has had plenty of time to master it.
          Last edited by can it get worse; 17 September 2013, 10:15 PM. Reason: spelling mistake

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          • #6
            Originally posted by Casehardened View Post
            Hi CIGW,

            if the charges results in a trial, which is by no means a certainty, if your legal team can pick their own holes in it, then it will be folks like you in the jury listening to the 'evidence'.

            Sorry forgot to ask you........ you say ''If the charges result in a trial, which by no means a certainty''..... Does this happen very often. Why would a case NOT end up going to trial? This is something I would like to hope for. I can hardly imagine tho' that she would admit she had been lying.

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            • #7
              Originally posted by myhome View Post
              stay strong babes - plod and cps have conviction targets to reach they're probably reeling from the high profile cases that keep getting NG - BUT - we should all take heart from those - they all had multiple charges and still got NG on all of them as have some on here and the other forum...
              many people have said that being charged brought a kind of relief as now you know what you are fighting and can really start to do something about building a defence should it ever go that far...you have a very good team behind you and they are very experienced in finding holes and contradictions in "evidence"
              Keep strong and make sure you get some support for you - you will find it hard to keep all your family going on your own.....
              Thanks MyHome - We had a bad weekend as expected but today not too bad. It is all constantly on our minds but kept busy so able to have moments when it is not all consuming. I think we should get the files in about 2-3 weeks. Does anybody know how long it takes??

              And then we can meet up with sol. You mentioned about 'Should it ever go that far'..... I've just asked about this on my previous post on this thread. Is it a possibility that it does not go ahead?? If so what would be the reasons? I don't want to build my hopes up unnecessarily but this would be a great end to the nightmare we are living in. I know some cases are aquitted (is that the right word?) before trial but I don't know if these are very rare or not?

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              • #8
                Originally posted by can it get worse View Post
                Sorry forgot to ask you........ you say ''If the charges result in a trial, which by no means a certainty''..... Does this happen very often. Why would a case NOT end up going to trial? This is something I would like to hope for. I can hardly imagine tho' that she would admit she had been lying.

                There was a recent case on the PAFFA forum where the judge directed the jury to find the defendant not guilty (this was as a result of legal submissions from the defence)

                Of course, strictly speaking, this case did go to trial, but very occasionally if the legal team can show 'abuse of process' by the CPS the case may be dismissed prior to the trial.

                However best not to rely on this, but concentrate on destroying the accusers credibility in the eyes of the jury.
                'What doesn't kill you makes you stronger'

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                • #9
                  Our Justice System

                  I went through this myself and was convicted even after the child said to me that he was sorry that his own mother made him lie. My lawyer hid the taped confession from the jury.. Read my site at
                  www.falseconvictions.com for more info. If I can help you, please let me know. Thanks,

                  Steve

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                  • #10
                    Hi CIGW - I'm very sorry he's now been charged .
                    I'm not sure how the CPS get their 51% figure from. In our case where 2 people were accused, the accuser didn't even make a complaint against my son, there was no evidence against him (not even the alleged victim's word) and his barrister asked the judge for him to be aquitted, but it still went ahead (both found NG). The only thing that springs to mind is that as he was young, very naive and poorly defended to start with ( he changed sols before the trial), that bumped up the chances of a conviction from CPS point of view which is why it went forward.

                    If you do as CH suggests - concentrate on destroying the accusers credibility in the eyes of the jury you are reducing his chances of a conviction by a huge amount. Likewise, if you try to get on top of the situation by whatever means (relaxation, keeping busy, laughter yoga, regular sleep etc) you will keep your stamina up and your mind clear-thinking which is what you both really need should it go to trial.

                    Big hugs

                    Comment


                    • #11
                      Originally posted by whatsgoingon? View Post
                      Hi CIGW - I'm very sorry he's now been charged .
                      I'm not sure how the CPS get their 51% figure from. In our case where 2 people were accused, the accuser didn't even make a complaint against my son, there was no evidence against him (not even the alleged victim's word) and his barrister asked the judge for him to be aquitted, but it still went ahead (both found NG). The only thing that springs to mind is that as he was young, very naive and poorly defended to start with ( he changed sols before the trial), that bumped up the chances of a conviction from CPS point of view which is why it went forward.

                      If you do as CH suggests - concentrate on destroying the accusers credibility in the eyes of the jury you are reducing his chances of a conviction by a huge amount. Likewise, if you try to get on top of the situation by whatever means (relaxation, keeping busy, laughter yoga, regular sleep etc) you will keep your stamina up and your mind clear-thinking which is what you both really need should it go to trial.

                      Big hugs
                      Thank you WGO,

                      I've just read thru your posts about your son............I cannot believe it even got to trial.....Initially we were so shocked with the news about my husb getting charged. It seems they must have disregarded the information that has been provided for the defence.

                      We should be receiving the 'victims' statement shortly, so hopefully we will be able to concentrate on what exactly she has alleged. I don't want to go into detail but she must have given lots of information which will hopefully be to our advantage in respect of her credibility.

                      We have engaged experts for our defence. However we are still extremely anxious.

                      Comment


                      • #12
                        Hiya,

                        How you doing, hope you are managing to focus on gathering lots of evidence to discredit your FA....just wanted to let you know I am thinking of you.

                        CGU xx

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                        • #13
                          Originally posted by cantgiveup View Post
                          Hiya,

                          How you doing, hope you are managing to focus on gathering lots of evidence to discredit your FA....just wanted to let you know I am thinking of you.

                          CGU xx
                          Hi CGU,

                          Thank you for your kind thoughts. It really means a lot to me.
                          We have now received some info from the prosecution. We seem to constantly analyse every aspect of her allegation and still cannot understand how a decision to charge was made. We are very frightened what the future holds, firstly in respect of verdict at the trial. And just as importantly, the effects this is having on our family.

                          We try to keep busy but most days are horrible with this shadow constantly hanging over us. The worry and emotional pull is heartbreaking.

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                          • #14
                            Originally posted by can it get worse View Post
                            Hi CGU,

                            Thank you for your kind thoughts. It really means a lot to me.
                            We have now received some info from the prosecution. We seem to constantly analyse every aspect of her allegation and still cannot understand how a decision to charge was made. We are very frightened what the future holds, firstly in respect of verdict at the trial. And just as importantly, the effects this is having on our family.

                            We try to keep busy but most days are horrible with this shadow constantly hanging over us. The worry and emotional pull is heartbreaking.
                            No probs

                            I don't think there seems to be to much logic in decisions to charge, more of a 'targets to meet' and promotions sought situation. Unfortunately no consideration or thought is given to the lives that are put in turmoil while these targets and promotions are sought.

                            Now a charge has been brought, you have to fight back, pick as many holes as you can in her evidence, find as much as you can to discredit her. Do you have an experienced solicitor - I hope they are providing you with support during all this.

                            You are doing well to be 'just coping' and you will continue to do so, like you say it is heartbreaking but you WILL get through it.



                            Take care CGU xx

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                            • #15
                              Fed up, fed up, fed up....

                              So sad that this is happening to our family. Drained. Angry. Numb. But got to carry on & manage to gain the strength because she will never truly 'win' even if the worst happens.

                              Please could I ask.......If the prosecution statements show discrepancies, does that discredit her? (even if it does not relate to the charge specifically)



                              Also does anyone know if the police do not always pass all information on to CPS. (i.e hold some information back, so that CPS make a charge decision without having all info)

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