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.
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.

, love the double nana dance 
Comment