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  • #31
    Hi BM,

    Thanks for the update. It's difficult to draw any positives when you are being wrongly prosecuted but like you say, at least the waiting is nearly over and it's perhaps better it is happening now than before this dreadful government do away with juries. The recent and long overdue supreme court judgement in Daly v HM Advocate regarding Scotland's ridiculously strict and perverse interpretation of so called rape shield laws (primarily contained in sections 274 and 275 of the Criminal Procedure (Scotland) Act 1995) may or may not help in your particular case but if it does then the long wait will have been worth it.

    It's unfortunately pretty common for lawyers to become unavailable with trials over running and whatnot, This is obviously not ideal but last minute replacements can be stars too. The good thing is that your OH has you on his side and you are absolutely on top of things. The main thing your OH has to worry about is handling the cross exam and resisting the urge to spar with the prosecutor or worse, lose his temper with them, which is precisely what the prosecutor wants. Your OH is essentially accused of not being able to control himself and the wily prosecutor will be hoping to demonstrate that any way he/she can. Be prepared.

    If I were to insist on one thing it is that you walk into court with your heads held high. You've done nothing wrong so walk tall and make sure you do so the entire time you are in or around the court as you never know who is watching. My lawyer's warning, a jury find it easier to convict someone they don't like ringing in my ears, I made an effort to be friendly and chat to the security staff at the door, the dock officers and the canteen staff and held open doors for everybody, even the OIC. I wasn't the bad guy, I should never have been in court and it helped me a lot to make sure I acted like it. I carried this over during my stint in the witness box., being super polite to the judge and referring the the smarmy prosecutor as Sir. "No, sir that's not true" and so on.

    A trial really is the most gruelling experience and punishment in itself no matter the outcome so I know it's difficult but please try and have the best Christmas you can and get plenty of rest so you are ready for the fight in the new year.
    For reliable legal aided advice in the London or home counties area, contact Harvey Fox of Freemans Solicitors, London. ( Private clients nationwide) :
    https://freemanssolicitors.net/team_members/harvey-fox/


    To join secure closed forums for those falsely accused of historical sex offences visit https://pafaaorg.wordpress.com/


    For help and advice with appealing convictions visit https://pacso.co.uk/pafaa-pacso-forums/

    Comment


    • #32
      Thank you Peter1975 for your wise words/guidance here, very much appreciated. I am dreading my OH being in the witness box as I know he will not be able to cope, he’s on anti depressants, bursts into tears easily and with this, cannot remember simple details in general just now such is his distress. I have to literally check everything he’s doing as we’ve had car doors left open, fridge freezer lid left open, front door left open with the recent storm and water damage from that, doors left unlocked, cannot recall conversation, laving the hob on with food burning etc etc.

      God knows how he will cope in Feb as he couldn’t remember some simple details the lawyer asked of him in the court on Friday.

      The lawyer did ask if he had capacity issues, he hasn’t been diagnosed with anything specific yet but as I mentioned before his consultant did query if he had had a stroke at some point. Even if we did ask the doctor for an assessment I know the waiting list for it is horrific, I know as I asked for my late very elderly mother to be assessed and we waited over 18months and she passed away during that time.

      We have a meeting with our actual lawyer in January and I wont “Miss him and hit the wall” as he knew he wasn’t going to be there the other day as it was annual leave so I feel he could’ve warned us and I would have been better prepared as I would have had info I had gathered/emails etc as a back up for the stand in lawyer.

      Anyway, rant over.

      Thanks so much again, I will update in Feb with hopefully the right outcome…..

      Comment


      • #33
        Well folks it’s good news.

        The trial was set to run for 4 days however on day 3 my OH was acquitted of all charges, the Crown no longer seeking a conviction.

        It was a closed court so I couldn’t attend in person, but in a very quick nutshell the girls ‘stories’ fell apart with very little pressure from our lawyer.

        One of them actually stated it wasn’t my OH, she was confused etc etc, my jaw dropped on hearing this.

        One Answered “I don’t know” when asked other questions surrounding the accusation’s and admitted hearing details being discussed between her Sister and Mother and getting mixed up, or so she said, lying more like.

        She also completed back tracked on her first damning statement against my OH and said she didn’t state certain things to the Police yet her statement said otherwise.

        I was told even the jury were raising eyebrows to the ceiling during some of the questioning as their replies were just not feasible/believable.

        It was splattered over the local paper in December and in news pape(as I suspected it would be as he was a retired teacher) and there were death threats plus vile comments on line, people trying to get our exact address threatened to turn up at the house, Paedophile hunting groups on Facebook whipping it all in to a frenzy to add to the misery.

        The newspaper covered the outcome but we’re very ‘low key’ this time, it didn’t suit them that he was acquitted.

        Time to rest and recover now after 2 years and 4 month of immense worry and cost, which we cannot recover at all under the rules In Scotland.

        Would love a dancing banana or two.

        Thanks again.

        Sincerely

        Lisa aka Batmother.

        Comment


        • #34
          YESSSS!! Fantastic news!!

          Thank you so much for the update BM. As I have said many times, it's not as easy to lie in court to a jury as it is to credulous police.

          Well done for enduring it all. You have done brilliantly and have more than earned a long rest.

          Recovery is often a slow process so please be kind to yourselves and come back any time for support and encouragement.

          You have made my day. I love an acquittal!
          For reliable legal aided advice in the London or home counties area, contact Harvey Fox of Freemans Solicitors, London. ( Private clients nationwide) :
          https://freemanssolicitors.net/team_members/harvey-fox/


          To join secure closed forums for those falsely accused of historical sex offences visit https://pafaaorg.wordpress.com/


          For help and advice with appealing convictions visit https://pacso.co.uk/pafaa-pacso-forums/

          Comment


          • #35
            What wonderful news and so pleased to be able to break out the bananas....

            Onwards and upwards from now on and this ordeal will strengthen you.

            'What doesn't kill you makes you stronger'

            Comment


            • #36
              Thank you Peter1975 and Casehardened , love the double nana dance

              Having been in fight or flight mode for so long I know it will take a little bit of time to settle back into “Normal” life.

              We are all changed forever because of this but we survived it and we will be ok in the long run.

              I will drop by as mentioned before to see if I can offer some words of comfort to anyone else going through this.

              Sincerely

              Lisa aka Batmother.



              Comment


              • #37
                Great news BM! I'm glad to hear of a positive outcome from this for you and your partner.

                Hoping life gets back to some normality from here. It's a shame there's no course of action for libel or damages from papers in a time like this. More reason the accused should remain anonymous until convicted.

                Comment


                • #38
                  Hello Whatdoidonow

                  Thank you so much for your reply.

                  I agree that it should be the accused is afforded anonymity before the trial, all it did was whip the papers around me into a frenzy.

                  We had death threats issued on line, threats of violence, people asking for our exact address to be posted to “serve out justice” etc.

                  We. We’re made aware that the Police in our area put on extra cars to “float” around our address/area due to the amount of attention in Social media.

                  Again thanks so much for taking the time to offer congratulations, just so glad it’s over.

                  Cheers

                  Lisa aka Batmother

                  Comment


                  • #39
                    Hello Lisa/Batmother and I cannot say how delighted I am to hear your wonderful news!!

                    I used to be a regular contributor here but somehow got locked out of the site until a couple of days ago so I'm so glad that my return coincides with an opportunity to hand out bananas.



                    I'm so glad too, that you had support from the wonderful Peter (and Casehardened) - and have nothing to add except to please be gentle with yourselves, You've had an horrendous experience and it will take time to 'decompress' from it all. Just that and a big WOOO!!! HOOO!!! for you both.

                    'Mongolian Warriors had the courage of lions, the patience of hounds, the prudence of cranes, the long-sightedness of ravens, the wildness of wolves, the passion of fightingcocks, the keenness of cats, the fury of wild boars and the cunning of foxes.' BE A MONGOLIAN WARRIOR WHEN DEFENDING YOUR INNOCENCE!

                    Comment


                    • #40
                      Great news Batmother! I am so ahppy for you and your husband! I could see from this forum that you are an amazing person and your partner is lucky to have someone as supportive as you! I prayed a lot for a good outcome for you and I am so happy to see it actually happened! Enjoy life as much as possible, and know we are all eternally happy for you!!!

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