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  • Totally devastated

    Hi to all! Am new here and found out about the site after googling Stephen Cooper from falsely accused. (say no more on that one!)

    My partner of 11 years was recently convicted in Scotland of 6 counts of child sex abuse. The thing I thought was unique to our case was the fact that 2 of his accusers also brought charges against myself for threatening and abusive behaviour which later became attempting to pervert the course of justice. As co-accused, I sat through the whole of the Crown case and heard these kids tell lie after lie after lie and when his QC tripped them up, they just told another one.

    My partner and I have brought up my grandson since he was 2- he's now 11 and it was his so-called friends who brought the initial allegations. My boy was also interviewed by police and social workers who merely decided that he was covering up for my partner and there was every chance he had been abused as well. He is a remarkable child- everyone says he is a credit to both of us. Anyway, I digress.

    In Scotland they have this archaic principle of "corroboration". The chronology goes something like this- October 2013 he was arrested and charged with 5 offences, the allegations having been made by a 14 year old on behalf of his friends. My man was arrested and charged with all 5, however one was dropped as at GIT interview the boy said absolutely nothing had happened to hm. No mention of that in court. He was arrested again and charged with 3 more offences- the dad of these boys was arrested on suspicion of sexual assault against my friend's 8 year old daughter and we had issues at school with one of the boys repeatedly calling my grandson "Nigger". (We lived in a small red-neck village btw)

    My partner was about to get the police involved as no-one seems to take racial abuse seriously.

    In the meantime I had been arrested and charged with threatening and abusive behaviour, which was all brought about by hearsay, and the court banned me from the village, leaving me and my 10 year old homeless. In july 2014 my partner and I were summoned to Dumbarton as he was to take part in a video capture ID thingy, and at this time the solicitor asked that we read all the statements that had been provided by the police.

    The trial was set fr 24th of November 2014. A few days beforehand we were again shown statements, which appeared to have changed somewhat.On MY charge sheet an historic allegation now appeared, from 2002. I was thrown by this, and began to doubt his innocence. I asked him to explain nad he said he had no recollection of the boy ever staying in that ous where he lived with his ex, nor did his kids, nor did the ex. We assumed that this was a recent allegation which was why it had not been mentioned previously. However not so- the allegations were made at the end of November 2013 but he was never indicted , charged or even notified, and this was the offence that was used to corroborate all the others. Surely this can't be right?

    In court, this person, now 23 , said he had been shown his statement a couple of weeks prior to trail, but he could not remember what he said and proceedings were adjourned so his statement could be faxed to the court so he could have it read to him!! The QC made the point that he had remembered for 10 years, but couldn't recall what he had said 15 months earlier. It absolutely stinks!!

    I have not been able to get any answers and am desperate. My own case was dismissed and again I have asked whether it was due to unreliable witnesses, but again no answer. Sorry to go on, but I really need some proper guidance here.

    Thanks for taking the time to rad this, and my heart goes aiut to ll of you who find yourselves in this predicament
    Last edited by Casehardened; 24 February 2015, 01:18 PM. Reason: split into paragraphs for easier reading
    They tried to bury us- they didn't know we were seeds

  • #2
    Sorry, I can't help as I cannot read huge chunks of text
    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

    Comment


    • #3
      Hi and welcome to the forum,

      I haven't changed your wording but split the text up into paragraphs.

      One of our moderators knows a great deal about the Scottish legal system and hopefully will see your post and may be able to advise further.
      'What doesn't kill you makes you stronger'

      Comment


      • #4
        Thanks CH much obliged

        Edit: I can only see one huge chunk of text still......
        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

        Comment


        • #5
          Originally posted by Rights Fighter View Post
          Thanks CH much obliged

          Edit: I can only see one huge chunk of text still......
          That's because I posted that I'd edited before I actually did it (to save posts!)
          'What doesn't kill you makes you stronger'

          Comment


          • #6
            Thanks hunnibunns!

            Did you received my email? Might be in the junk!!
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

            Comment


            • #7
              Thanks

              Thanks for your help and assistance- will remember for next time!
              They tried to bury us- they didn't know we were seeds

              Comment


              • #8
                I spend a lot of time on the internet and therefore my eyes are boggled due to looking at the screen. This makes it difficult to read huge chunks of text online.

                For me to be able to help new members it does help to be able to read whatever is typed. This is not a criticism of you or anyone else.
                People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

                Comment


                • #9
                  Appeals

                  Have read some awful stories on here, it's dreadful for all of us in this situation. I have read folk discussing the appeal process and am even more confused! My man was told he couldn't appeal till after sentencing, but elsewhere it seems to be within 28 days of conviction. Nearly 2 weeks on I have had no contact with or replies from either of our legal beagles.It's all sooooo frustrating!! He has now been interviewed by social workers who seem to hold people like us in derision as we are seemingly "in denial". Also has anyone on here any experience of "Innocent.org?". Thanks again
                  They tried to bury us- they didn't know we were seeds

                  Comment


                  • #10
                    Most appeals that succeed are lodged AFTER the 28 days deadline. It depends on whether there is a good reason WHY the application was made later.
                    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

                    Comment


                    • #11
                      It's just what we were both told- not sure if, again, it's because it's north of the border which would seem to be a law unto itself. He's already been told he has no grounds but I believe there may be. We were told there were so many things we could not mention in court which I feel were totally relevant. I think we made the mistake of just accepting everything we were told without question because we didn't know any better.
                      They tried to bury us- they didn't know we were seeds

                      Comment


                      • #12
                        Is there any indication as to what the sentence will be?

                        Has your partner been remanded?

                        It appears to me that there is a strong possibility that an appeal should be possible on the grounds of corroboration. There used to exist a 4 year limit on 'similar' allegations being able to corroborate each other but the High Court has mudded the waters and pretty much blown the doors open. If they are 'similar' even if decades apart then they suffice to corroborate each other. However, does the earlier allegation corroborate the later allegations?

                        The recent allegations, when are they alleged to have happened?

                        The video capture thingy is a 'VIPER'.

                        If your legal reps stated just at the closure of the case in court that there was no chance of appeal then they would be wrong. You need to get the opinion of a different legal rep, potentially lodge an appeal and get the courts written findings before considering what the future strategy is.

                        There are, generally, plenty of procedural errors that can provide grounds for appeal. Misdirection of the jury, fresh evidence... The possibilities are endless. Unfortunately, post conviction, things are difficult but you really need to seek the opinion of a fresh legal rep.
                        Wow... A signature option!

                        Comment


                        • #13
                          Thanks for taking the time to reply. Yes he has been remanded and the QC reckon he is looking at 4 years, sentencing due on the 9th of march.
                          The jury were out for nearly 5 hours when we were called back in to court for them to ask a question, which was how long between alleged offences could the corroboration rule apply.The sheriff said it could be any number of years. It was after that they came back with 6 guilty , 1 acquittal and 1 not proven verdicts.

                          What I really don't understand about the historic allegation is that my partner was never charged with the offence and although back in July 2014 when we were asked to read the statements against us this one was not included although it had been taken in november 2013. Can you REALLY be tried , found guilty and have that offence used to corroborate all the others when you've never been charged, or even officially notified of it?

                          I suppose it did corroborate the others as they were similar offences but not exactly the same. All the newer allegations were made between 27th october and 10th november 2013 and allegedly spanned a period from sometime in 2011. There were no specific dates given apart from one, which was wrong. All the recent offences were brought by boys in the village where we lived, the historic one from the town where my partner lived. In court, the historic "victim" claimed he had no connection, then went on to say he thought his cousin told him, who happens to live in our village.
                          There were so many issues that never came to light but I'm not sure how much I can say on an open forum.
                          I spoke to his QC immediately after the trial and she said there were no grounds and an appeal could not be lodged pre-sentence. However she looked a bit shocked when I briefly mentioned issues that were not brought out at the trial, for instance the statements from the adults to whom the boys had initially told their stories. The statements did not add up with either mine or my partner's case- in fact they deliberately lied to the police in both cases.
                          I just don't understand how all this works, and an innocent man now faces the rest of his life as a convicted sex offender.

                          Thanks again for reading
                          They tried to bury us- they didn't know we were seeds

                          Comment


                          • #14
                            http://www.scotcourts.gov.uk/opinions/2013HCJAC8.html


                            That's the link to the case which changed the corroboration rule regarding 'time'.

                            It is worth seeking a second opinion on the possibility of appeal. Wait until after the sentence though, the day after for instance, NOT MONTHS.
                            Wow... A signature option!

                            Comment


                            • #15
                              Many thanks for posting here LL1. I don't know a fat lot about Scots law and thought you would be the best person to ask.
                              People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

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

                              Comment

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