My Story... (LONG)... Input helpful and I am happy to discuss.

[is there justice?]

I think that's the problem LL1. Most people, who have never had recourse to the justice system, believe in its fairness and effectiveness.

It's quite a shock to uncover all the cracks and shaky foundations. As you say, there is no appetite for change because some are doing very nicely out of it thank you. And those whose rights people care less about than any other form of crime is 'sex offences', despite the scope for an allegation widening to epic proportions. It's a good job we have test tube babies because in 50 years the human race will be scared to touch each other.

[cantgiveup]

LL1, I hope that you continue to be strong and fight this all the way. You are confident in your legal team, believe in them, keep working with them and remain positive. Yesterday was just one small part of the process and ultimately it is the end battle you need to win.

I cant help but agree the justice system is all wrong and I have been ignorant (very) in believing in the justice system.

CGU xxx

[myhome]

Hi LL1 - as the others have said - the war is not over and you have a good defence team to help win the battles on the way.......keep strong....

[lawlessone2009]

Thanks for all the replies.

I've been viewing my position and it remains one of innocence, that cannot be changed regardless of what the 'state' wants to make me believe. Aside from my last sentence there, viewing my 'position' has been more to do with viewing my mental health and my physical health.

Those few days there knocked hell out me. I wasn't well going into all of this nearly two years ago and have to say my mental health is declining pretty rapidly towards complete exhaustion. Some may have noted that I've stopped replying to other threads and seem to be focusing purely on 'me', it's not that I am selfish but more that I simply cannot keep up or help much at the mo.

Physically I am sore (joints everywhere!) but reasonably well. Body is suffering exhaustion but still working......


I've been placing all my issues in front of myself and attempting to evaluate what I should do. I didn't really want to attempt to stop the motion to re-raise proceedings but I am happy I did. As I stated, it gave me an opportunity to view the legal team in action. I am still completely astounded by the performance they put in and am more than happy with them. I still cannot fault a single thing they've done, I can't find anything they've not done and I really feel for them loosing what I viewed as an absolutely superb argument.

The judge himself was pretty awesome and fair in his summing up.

I still cannot understand what the woman from the prosecution was all about exactly......


I'm arriving back at the crossroads I was at before. I have limited reserves and am fully expecting this to push through to a trial. I really do not know if I can be particularly bothered with the appeals process as it stands. I am being presented with the opportunity of a trial! I had been denied that chance and now I am being handed it on a plate...

Do I drop the appeal thing and just go for trial??????????????????

[cantgiveup]

Thanks for all the replies.

I've been viewing my position and it remains one of innocence, that cannot be changed regardless of what the 'state' wants to make me believe. Aside from my last sentence there, viewing my 'position' has been more to do with viewing my mental health and my physical health.

Those few days there knocked hell out me. I wasn't well going into all of this nearly two years ago and have to say my mental health is declining pretty rapidly towards complete exhaustion. Some may have noted that I've stopped replying to other threads and seem to be focusing purely on 'me', it's not that I am selfish but more that I simply cannot keep up or help much at the mo.

Physically I am sore (joints everywhere!) but reasonably well. Body is suffering exhaustion but still working......


I've been placing all my issues in front of myself and attempting to evaluate what I should do. I didn't really want to attempt to stop the motion to re-raise proceedings but I am happy I did. As I stated, it gave me an opportunity to view the legal team in action. I am still completely astounded by the performance they put in and am more than happy with them. I still cannot fault a single thing they've done, I can't find anything they've not done and I really feel for them loosing what I viewed as an absolutely superb argument.

The judge himself was pretty awesome and fair in his summing up.

I still cannot understand what the woman from the prosecution was all about exactly......


I'm arriving back at the crossroads I was at before. I have limited reserves and am fully expecting this to push through to a trial. I really do not know if I can be particularly bothered with the appeals process as it stands. I am being presented with the opportunity of a trial! I had been denied that chance and now I am being handed it on a plate...

Do I drop the appeal thing and just go for trial??????????????????

LL1, at the moment looking after your own mental and physical health must be your number one priority, it is not 'selfish' to not be replying to other threads and I do not believe anyone on here would think so. If you have not already been to see a doc, then now may be the time to do so.

I for one appreciate you taking the time to keep us updated and letting us know you are ok (ish).

A trial may be something you would like to take forward as this would get things happening and an outcome one way or the other, but you have said you trust your defence team so take their advice regarding this also. It is a big decision and you need all the professional advice you can get.

Try and stay strong, my mind doesnt work to good at reading all the legal jargon but if there is anything I can do to help (pm, chat) then please get in touch.

Take care of you.

CGU xx

[myhome]

great post CGU.......

Hi LL1 - as CGU said - and you know - no need to apologise for not replying to others - you've been put in a position you never expected and it must be unbelievably hard for you as you'd thought it was all over....have you consulted your GP or looked at receiving counselling or therapy? You must put your health at the forefront of your thoughts as you can't defend this if your health is not tiptop....keep strong - we're here for you....xx

[cantgiveup]

Hey LL1, how you doing? Hope you are feeling a wee bit stronger, and are looking after yourself.

I have been wondering how you are doing, hope you are ok.

CGU xx

[lawlessone2009]

Thanks guys (including you ladies... )

I'm still alive.

Realised that I am knackered. Beyond knackered, exhausted. I'm away this Friday for a weeks holiday and I am REALLY looking forward to it! It really can't come soon enough.

Had a big job on last couple of weeks so I've been beyond even exhausted. Attempting to fit it in with the court appearances was difficult and involved a lot of complex lies which were quite difficult to pull off and be believable and it's not something I particularly liked. I couldn't exact be honest though as I'd probably have been kicked out the place and chased out of town............

Had a million other 'jobs' thrown into the mix. Seems that most neighbours see me as some kinda 'stop off problem solver' for everything from cars to toilets, bloody annoying when you're trying to work a main job, have a family life, do your own work, run after future work and of course be continuously distracted with the thought of being branded a rapist and praying that someone somewhere sees some bloody sense.

My thorough understand is that their is no individual corroboration required any longer when there is more than one allegation. The two allegations taken individually are supposed to provide corroboration for each other regardless of what they are. I can see this being completely blown out of all proportions in the not to distant future and corroboration being truly done away with entirely. For all the talk of consultations and the likes it is crystal clear that corroboration is finished regardless of what anyone wants and thinks.

In the not too distant future ANYONE that doesn't like you will be able to make up a story with some credibility and you will find yourself in court. I have two stories which are somewhat lacking in any credibility and I am facing the very strong possibility I'll be embracing the jury. Being in the transitional period that is in existence just now a majority verdict is still 8 although the evidential requirements have been massively reduced resulting in an unfair bias in favour of guilty AT PRESENT. When corroboration falls the majority required is apparently going to increase to 10.

As far as the case against me is concerned there are quite a few grounds for appealing the decision to grant leave to serve the petition. These are merely grounds I have thought out and I will share these with the legal team and seek their opinion on them. I also have no doubt that the will have far far more intricately detailed grounds than me and also be able to correctly formulate any of my inputs. I would love to do more work but I am at the stage just now that I simply don't have the energy, I need the weeks holiday!

There are apparently a LOT of cases suffering the same fate as mine so there are lots of people in a similar situation to myself. The Advocate indicated that he was going to enquire if these were all going to be heard individually or if there was to be one large hearing to clear most of them with hearings then only taking individually place for more peculiar ones. Time will tell but as far as I can see nothing is going to be happening any time soon...........

[is there justice?]

"My thorough understand is that their is no individual corroboration required any longer when there is more than one allegation. The two allegations taken individually are supposed to provide corroboration for each other regardless of what they are. I can see this being completely blown out of all proportions in the not to distant future and corroboration being truly done away with entirely. For all the talk of consultations and the likes it is crystal clear that corroboration is finished regardless of what anyone wants and thinks."

And yet, it seems previous allegations cannot be seen as indicating a FA because, of course, someone could be assaulted twice or thrice!
Hubby's FA has corroborating statements given when FA made her complaint, one is her b/f and the other her best friend - no bias there then

[myhome]

Feeling for you LL1.......can only begin to imagine what you're going through so asking to visit you for strength and courage.....thinking of you.... MH

[lawlessone2009]

Thanks.

Appears I am not only an unlucky person in so far as nonsense allegations but I am also a 'victim' of transitional laws...

Stuck in a strange vortex in the middle.

My worry is that the majority verdict of 8 is not being increased to 10 until corroboration is done away with and yet I find myself in a situation where corroboration counts for so little.

I've been deeply affected by the entire process but I have remained reasonably positive that 'LAW' still exists (irony of my username....... ). It appears that my deep rooted thoughts and beliefs are turning out to be true and there is a possibility that I will go to jail for something that I never did. I fight my inner intelligent self and tell myself that I am confused, we really have a nice kind caring society that has been setup in some way for the benefit of the many. It appears we have a savage state with an agenda that's ready to slay anyone that appears on its radar.

Jeez...... Early bed tonight, still need to finish that darned job so I can off on holiday with one less thing on my mind.

[cantgiveup]

Hi LL1, nice to hear from you, but am so sorry you are continuing to go through this nightmare....

It sounds like you have definitely earned that holiday I hope you can put all the horrible thoughts and worries away in a box for a week and just live in the moment and enjoy it. Worrying will not change things but enjoying a holiday just might give you the strength to continue fighting. This is a fight you mustn't give up on, do it for your family and more importantly yourself.

I fear of the justice system and what it is coming to, but as you have said to me it is what we have, so we have to work hard to find every possible admissible defence and let our legal teams do their bit for us and keep the hope alive.

take care, enjoy that holiday, I hope you are going / doing something nice.

CGU xx

[Don'tbelieveit!]

Hi LL1

I really do hope you have a nice holiday and manage to take your mind off things, at least some. Recharge your batteries ready for the rest of the battle.

xx

[myhome]

Enjoy your hols and give yourself a well deserved break

[lawlessone2009]

Indictment served just before I went on holiday. Appearing in the local High Court on July 26th for preliminary hearing.

Strangely, appearing in a different High Court sometime in August for the appeal against the indictment being served........

Apparently the preliminary hearing will be put off until the appeals hearing is heard which does beg the question why the preliminary hearing is taking place especially since the justice system seems to be subject to political moaning about 'costs' just now. Cutting the legal aid bill whilst unnecessarily wasting money at the other end of the spectrum.

The indictment contains a section of 'uncontroversial evidence' which is evidence that apparently is "uncontroversial and capable of being agreed in advance of trial under section 258 of the Criminal Procedure (Scotland) Act 1995". It is quite sneakily worded within the 2nd numbered paragraph that unless it is challenged within 7 days it's accepted as fact......

Unfortunately, the uncontroversial evidence is wrong!!!!! I contacted my solicitor who informed me that they had already given notice that no evidence was accepted which pleased me greatly and added to my continued my amazement at their professionalism. How in hell the prosecution can manage to make such a basic mistake on the very first piece of the formal process beggars belief remembering of course that the public really should be expecting better for their tax money. The 'uncontroversial evidence' is completely immaterial to the case as far as I can see as it refers to 'custody procedure' at the time of questioning. Is the legal system really that blooming incompetent?

There are two charges.

The first charge originates in December 2007. I am stumbling here...... There never was any 'formal' charge at the time. Do I not need to at least have been charged? Seems incredibly odd to be questioned, released without any charges or cautions or anything and then have the incident libeled as a charge on an indictment going on near 6 years later........................


The charges also seem to be rather 'dressed up'.

Check back once I've met with solicitor.