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Where to start? The saga takes an unexpected turn..

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  • Where to start? The saga takes an unexpected turn..

    Firstly, sorry I have been away so long, just after Christmas I suffered a breakdown and was unable to help my husband or family never mind anyone else.

    Because of a total lack of faith in hub's legal team, Rightsfighter very kindly went out of her way to find me a decent Barrister who called us to discuss the matter further. I just couldn't get Hub to change his team because he had reached the stage where he just wanted closure. This caused a lot of friction between us and ultimately was the final straw for me.

    We battled on and attended the new trial date in the Magistrate's Court at the end of January. The prosecutor was late and ill prepared so things were delayed for an hour or so during which time our solicitor verbally battered hub into accepting a plea bargain, aided and abetted by a totally ineffective pupil Barrister. The reason for this was it turned out that instead of 3 magistrates there was a District Judge which seemed to panic the Barrister who added she would not now be able to cross examine the FA effectively! We realised that the solicitor had still not passed everything on to the Barrister and anyway the Barrister had done little work and had scant grasp of the facts. Both Barrister and Solicitor repeatedly told myself, my hub and my son that there was absolutely no chance of a prison sentence and therefore no SOR which I queried especially the SOR bit. I also expressed concern that hub would be admitting guilt on a whole catalogue of fictitious events but the Barrister said the Judge would realise it was a plea bargain and understand that there would be fiction and exaggeration. The truth is that there was mutual flirting but no sexual advances other than hugs and her asking him to stroke her hair as it relaxed her which she failed to mention.

    When hub re-entered court to plead guilty it was very plain that he had been blatantly lied to by our legal team and it was indicated that he would receive a prison sentence after probation reports. Our local policeman, a former prison officer, urged us to seek further legal advice and another solicitor told us our legal team were criminally incompetent. We really were at breaking point again and I just wanted to end it all but hub wanted to see what the probation service said.

    He took along some of his evidence to show on the video link. Hub said he couldn't show remorse for something he hadn't done although he was sorry for the upset caused to me. The man said he had to treat hub as guilty but would NOT be recommending a custodial sentence and hub said he appeared flummoxed.

    We returned for sentencing yesterday and hub had his case with him. We met our solicitor who asked if he wanted to say that hub was a throwback to 30 years ago from a male work environment and I said no, tell the truth, that you lied to us and pressured him into a nonsensical plea bargain. He said the probation report was not helpful and we were at liberty to sack him. We said no as then we would have no-one at all.

    We went into court and hub confirmed all his details and his change of plea. The prosecutor stood up and started speaking but the Judge said she'd heard all that and to sit down. He tried to ask something else but was told to sit.

    Then the Judge addressed our solicitor and asked if he had read the report, he said yes. She then asked if he was 'professionally embarrassed' and repeated it until he replied that he had given us the chance to dismiss him. She said she should think so given the nature of the 'scurrilous accusations' levelled at him by hub via the report. At first hub thought he was in trouble. She offered hub the chance to sack our legal team and find a competent legal team and to return on 14 March in front of her to decide whether he wanted to continue with his guilty plea or change it back to not guilty. Dope that he is (and dosed up with diazepam) said just carry on and sentence me because I've had all I can take. She said she couldn't continue knowing what she knew so I shouted up 'yes, we will' at which she smiled and said she had to hear it from hub.

    Prosecutor asked for a restraining order which Judge said was wholly unnecessary based on our location, the fact that hub stuck to his bail conditions etc and that his wife (me) would keep him in check.

    Sorry this is such a long rambling post. Hub DOES now want to fight and needs a good legal team urgently. Rightsfighter, we have no right to ask after your efforts before but if you can put us back in touch with the Barrister you introduced us to, we will be very grateful or indeed any other suggestions. I don't know if the Judge has done this based only on the lies re plea bargaining or if she knows about our evidence but it's a light at the end of the tunnel however faint.

    Thank you and best wishes to all still fighting.

  • #2
    Hi sorry tp hear things have been so rough for you, was just thinking about you earlier in the week and wondering what had happened. Don't feel bad about not posting I haven't had the strength for months

    Sounds promising that your husband has the opportunity to change his plea, no one understands the terrible weight of the pressure of defending themselves from these accusations until they experience it first hand.

    Hope things are more positive next month when you can fight back
    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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    • #3
      Your tale of how the judge was anxious that justice is seen to be done has restored my faith in the system (after hearing of Babygal2014's experience!)

      Just wanted to say that Rights Fighter has posted that she is away from her office at the moment and has no internet access.

      I will pm her your entire post and hopefully she will contact you with the name of the barrister on her return.
      'What doesn't kill you makes you stronger'

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      • #4
        Thank you CH. we ran through every scenario the night before and I thought I had steeled myself for anything but this was so unexpected it reduced me to a gibbering wreck. It was the last thing we expected and thought getting the guilty plea vacated would be impossible. We have a tight deadline so panic is bubbling away.

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        • #5
          Thank you CH, we have spoken to Mark Barlow this evening and we are sending everything across to him. He will help us vacate the plea and if successful will represent Hub at the new trial.
          We needed to crack on as we only have two weeks and boxes of stuff to go through.

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          • #6
            HI ITJ - what an appalling nightmare for you both. the legal team certainly sounds totally incompetent and what a good job you had a reasonable and fair judge. I really hope that your new solicitor/barrister team can sort out this unhappy mess for you and bring it to a swift and positive conclusion....
            "Only love can light the mirror of your soul" - Chris de Burgh

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            • #7
              Thanks MH. We feel far more positive now we have spoken with him even though it is still complicated. Busy day today sending everything across but well worth it.

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              • #8
                stay strong hon - we're right here with you.....
                "Only love can light the mirror of your soul" - Chris de Burgh

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                • #9
                  I think it was barrister Andrew I referred you to. I am up to my eyes with appeal work at the moment after my visit to HMP Dartmoor on thursday, hence the late reply
                  People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                  PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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                  • #10
                    Originally posted by Rights Fighter View Post
                    I think it was barrister Andrew I referred you to. I am up to my eyes with appeal work at the moment after my visit to HMP Dartmoor on thursday, hence the late reply
                    I doubt you will ever have a quiet day the way things are, sadly. Thanks anyway and we're hoping Mark Barlow will be able to help. I hope the appeals go well.

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                    • #11
                      We've had a few phone calls with our new Barrister and tonight we 'skyped' with him, very modern for us!

                      What a difference to the ex solicitor & barrister! If we manage to vacate hub's plea then I feel we have a really fair chance. Had we had a decent lawyer in the first place I think hub would have had the strength to go the distance.

                      I'm hoping we can vacate the plea as it was the District Judge who gave hub this opportunity. This request will be heard on Friday or, if we can postpone for our new Barrister to attend, it will be next Wednesday. Fingers crossed....

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                      • #12
                        Technology can be very helpful!

                        Mark is a lovely down to earth guy and also cuddly!!
                        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                        PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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                        • #13
                          Originally posted by is there justice? View Post

                          What a difference to the ex solicitor & barrister!
                          So pleased you've managed to find a solicitor and barrister who know what they're doing (in the nick of time ) and that you now feel much more optimistic.

                          [B]It can't be stressed enough just how important it is to have a competent legal team who specialises in these allegation.[B] Not only are your chances much better from a legal point of view but the effect on your moral is that much more positive which in turn gives you the strength to fight the allegations.

                          Keep strong.

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                          • #14
                            WGO

                            you are absolutely right about confidence and morale. It isn't a given that the Judge will vacate the plea and the ex legal team have to be given a chance to defend their actions but we are hopeful.

                            RF, he will definitely have a hug or three if he gets us through this so I'm pleased to hear he's cuddly!

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                            • #15
                              The hearing to vacate the plea has been put back to early April so our Barrister can attend and because the Judge wants a full hearing. Just have to be patient now....

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