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  • looking for justice and help

    good evening everyone i'm looking for some help and advice please

    my husband has been sent to prison for 9 years serving 4 1/2 years for something he didn't do .

    what happen was he started seeing a young lady aged 18/19 behind my back witch i found out about

    long story short i took him back then 5 months later a knock at the door at 5,25am it was two police men looking for my husband they arrested him for rape on two girls, the young lady told her mum that my husband had slept with her when she was 13 years old so her mum went to the police,

    my husband didn't do what they said he did we have proof were he was at the time and witnesses but because the police didn't investigate properly he got found guilty

    they didn't interview no one there was no DNA as it was to long ago the only evidence they had was three statements that's it , we didn't tell the family or our children as we thought the police would prove my husband didn't do it but as they didn't do no police work

    he went to prison can anyone help me please i dont know were to look or go to help my husband.oh just to say i don't condole my husband having affair and if i thought my husband did do what they said he did i wouldn't be supporting him i would let him rot in prison as we have children our self's and we are grandparents and we are good people not monsters

    iv not put all the story as i dont know whos reading it and minte be watching what i wright as after all she is a family member and you know how the drums beat in familys and plus its not a nice thing to be shouting about at the end of the day thank you for reading my email
    Last edited by Casehardened; 7 July 2016, 08:23 PM. Reason: text split into sections

  • #2
    Hello and welcome to the forum,

    Just one question to help members offer advice: How long ago was the sentencing hearing and did your husbands barrister give any advice regarding an appeal against the sentence?

    PS I've deleted how the 'young lady' is related to you as this, together with her age, makes the post a bit less anonymous; as you mention, anyone could be reading this.
    Last edited by Casehardened; 7 July 2016, 08:22 PM.
    'What doesn't kill you makes you stronger'

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    • #3
      lookingforjusticeandhelp

      thank you, and thank you for doing that for me, the sentencing was 7 months ago and the barrister advice regarding an appeal was theres no grounds for an appeal when there was.

      Comment


      • #4
        Ask the solicitor to provide you with a written Advice on Appeal
        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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        • #5
          lookingforjusticeandhelp

          we have and all it says is theres no merit in lodging an appeal and he advises my husband not to appeal

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          • #6
            They sometimes say that because they have stuffed up at trial.

            Can you afford to pay a private client solicitor or would this be legally aided?
            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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            • #7
              they have and all we need is someone to listen to us as the police didnt do there job properly at all didnt even talking to the people that was with him at the time ( as my husband said no comment in the interview advised by hes solicitor) of the crime they havent even spoken to me his wife to see if he was with me or if he was acting funny if you get what i mean there was nuffing at no investigation at all

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              • #8
                no we have to get legally aided? havent got any money to pay

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                • #9
                  it is not at all unusual for the police to fail to investigate everything. They are more interested in getting convictions rather than getting to the truth. The problem now, is that if you tried to appeal using that, the Courts would say that you should have made sure the barrister put the fact they didn't investigate properly to the jury when cross-examining the OIC.

                  That's ok. There are some fab legal aid solicitors out there.

                  I've got to go out now, but will be back soon. Hopefully some people will come in to support you

                  Hold on in there!
                  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
                    we didn't tell know one before my husband got sent to prison as we thought the police would have done there job properly and there was no evidence and we didnt want to up set the family any more then they was as they was starting to get on but we do now know that was the wrong thing to do in not telling anyone , ok thank you for your help i was just thinking if theres no merits for an appeal does that mean he hasn't appealed for an appeal yet? have a good day

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                    • #11
                      The witnesses that the police should have interviewed but did not, did you ask the solicitor / barrister to take statements and allow them to give evidence?
                      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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                      • #12
                        good morning yes we did we gave them all the witnesses names but in the 6 months they only got 3/4 statements, when people rang them to give them statements they was all ways not in the office or ill and they never used to get back to me or my husband so we tired to get a new solicitors and they said the same thing no grounds for appeal

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                        • #13
                          Originally posted by lookingforjusticeandhelp View Post
                          good morning yes we did we gave them all the witnesses names but in the 6 months they only got 3/4 statements, when people rang them to give them statements they was all ways not in the office or ill and they never used to get back to me or my husband so we tired to get a new solicitors and they said the same thing no grounds for appeal
                          Hi sorry hear your situation.

                          Can i ask you, you went to trial with a duty solicitor or private?
                          Thanks

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                          • #14
                            Originally posted by vvnn8 View Post
                            Hi sorry hear your situation.

                            Can i ask you, you went to trial with a duty solicitor or private?
                            Thanks
                            hi my husband had legal aid so im guessing thats a duty solicitor?

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                            • #15
                              Originally posted by lookingforjusticeandhelp View Post
                              good morning yes we did we gave them all the witnesses names but in the 6 months they only got 3/4 statements, when people rang them to give them statements they was all ways not in the office or ill and they never used to get back to me or my husband so we tired to get a new solicitors and they said the same thing no grounds for appeal

                              I am thinking that possibly they say there are no grounds with which to appeal because that evidence should have been put at trial. If you got to the courts of appeal, they would say "you should have insisted despite the barrister probably telling you "I am the expert I know what I am doing....."

                              One of mine succeeded where the barrister failed to use evidence that they knew existed, at trial.

                              https://pacso.co.uk/the-mr-kaz-appeal/

                              He had to suffer the indignity of having to undertake an IQ test to show he was basically "too thick" to instruct counsel. Also trial counsel had lied to the CA pretending that the client had specifically instructed her NOT to put that evidence in.

                              We could prove beyond a doubt that she was lying. These appeals that succeed on these grounds are very rare though. But not impossible, as you can see.
                              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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