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  • #31
    Originally posted by Rights Fighter View Post
    Edited:
    I've just read more of your posts and see this might be one in Magistrates court - is that correct? That might be different then. Appeals to Crown from Magistrates court can actually rehear evidence that was put at Magistrates court but (potentially) ignored and used as grounds if relevant.

    That cannot happen/be grounds for appeal at CA from Crown court. Just to clarify.
    Hi RF

    Yes, it's Magistrate's. The choice was made as they are more likely to convict initially but appeal is automatic. Sol favoured this as hub has a stammer which doesn't sit well with a Jury. He doesn't believe a Judge would convict.

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    • #32
      Originally posted by can it get worse View Post
      Hi ITJ,

      I feel so useless in posting to you as I feel so helpless in offering any advice. But I assure you that you are both in my thoughts. It is unbearable all this and even though it is normal to feel like this, it does not make it any easier.

      I'm feeling horrid today but trying so hard to be normal. My heart is beating so fast and feel I could collapse with fright. All normal stuff - I suppose but so, so hard. Not strong enough to go into further details yet but feel worse than ever.

      Please try to stay strong - sounds like things are moving for you which must feel a bit better in that you are able to do/control something. Your intelligence and reasoning in your previous posts are a great strength to yourself and to others. We so much need to get thru this and together, maybe we can. what choice is there???

      You have received sound information to assist your continuing uphill battle. Please dig your heels in and get to the summit. Success has got to be waiting for you.
      Thanks CIGW

      Just having a bit of support is enormous help. Knowing we're not alone in what we are facing is somehow comforting especially when I see bananas.

      I hope you manage to cope ok, can the Doc help you to calm down a bit? Stay strong

      Comment


      • #33
        Originally posted by is there justice? View Post
        Hi RF

        Yes, it's Magistrate's. The choice was made as they are more likely to convict initially but appeal is automatic. Sol favoured this as hub has a stammer which doesn't sit well with a Jury. He doesn't believe a Judge would convict.

        Thanks for the clarification. I was a tad worried because I've heard people say before that every defendant found guilty has the right to appeal. It's often MPs who trot out that fallacy.

        I do hope it goes well hon. Must be horrendously worrying for you.
        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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        • #34
          Thanks RF

          It is worrying because although it's comparatively minor, it can still result in a custodial sentence but the loss of his good reputation and signing the sor would be worse in many ways, not to mention the injustice.

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          • #35
            Well, it's finally 'meet the Barrister' day today so I'm hoping she's a marvel.

            Because FA and hub had been a bit close hub was reluctant for me to read the statements so we agreed I wouldn't. Much of the content anyway would depend on interpretation of the facts in their context as they were touchy feely with each other. Yesterday, hub actually spoke about the statements in general terms and FA's corroborator has told a big blatant lie which I hope can be cleverly unravelled. I don't think she will be up to defending that lie in Court nor does it make sense. I also think it is critical.

            When we meet the Barrister we don't want to tell her how to 'suck eggs' but want to be sure she understands the game playing involved and the motives behind it.

            Hub was very down yesterday - he's waking at 4am again and I can't wait for this to be over.

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            • #36
              Best of luck today with building your case. I would imagine it will make you feel more in control knowing that you are able to fight back to counter the vicious lies.

              Best wishes and virtual hugs

              FS
              The truth is like a lion. You don't have to defend it. Let it loose. It will defend itself.

              St Augustine

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              • #37
                Originally posted by is there justice? View Post
                Well, it's finally 'meet the Barrister' day today so I'm hoping she's a marvel.

                Because FA and hub had been a bit close hub was reluctant for me to read the statements so we agreed I wouldn't. Much of the content anyway would depend on interpretation of the facts in their context as they were touchy feely with each other. Yesterday, hub actually spoke about the statements in general terms and FA's corroborator has told a big blatant lie which I hope can be cleverly unravelled. I don't think she will be up to defending that lie in Court nor does it make sense. I also think it is critical.

                When we meet the Barrister we don't want to tell her how to 'suck eggs' but want to be sure she understands the game playing involved and the motives behind it.

                Hub was very down yesterday - he's waking at 4am again and I can't wait for this to be over.
                I wish you the best today and will be thinking of you. You have been a star throughout all this...... I admire you. Keep strong

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                • #38
                  Best of luck today...I hope the barrister fills you with confidence



                  CGU xx

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                  • #39
                    Met with Sol and Barrister today thinking it was pupil Barrister as it's probably an easy case but I was wrong. Seems like it's because they think it's hopeless. Sat through two hours listening to them railroading hub into pleading guilty to save time, money and 10% off sentence based on a pack of lies by the FA and her fellow corroborator. All the sol kept saying was sign this piece of paper and I'll talk to the CPS. It's a low level case, you won't get (but technically could) a prison sentence.
                    Lost my temper in the end and declared it a crock of sh1t and I wasn't prepared to listen them to railroading him into a guilty plea when he was innocent - a fact he declared many times.
                    I'm so upset and angry and will write more when I can. Hub got so upset he signed the paper and walked out but the Barrister stepped in and took it off the Sol until we confirm. Hub has rallied now and said it's a trial, no guilty plea.
                    On balance, sentencing apart, it's still better to maintain your innocence and be found guilty than plead guilty when you aren't from a personal integrity pov.
                    We only got disclosure today and both have lied, fabricated and invented.
                    On a last note the Barrister said it wouldn't be an easy case to win but I pointed out that there the ones she needs to win if she wants to be noticed.
                    It's really too late to change the legal team now so doubt there'll be any bananas for us next week.

                    Comment


                    • #40
                      I hate hearing when ppl are forced into a plea!! Its sooo wrong. They are suppose to be working FOR you and whatever you decide, they should abide by not keep pushing for the plea which admits some form of guilt when that's the last thing an innocent person wants to do
                      FOLLOW YOUR HEART, IT WILL LEAD YOU DOWN THE PATH OF LIFE AND YOUR DESTINY WILL FIND YOU!

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                      • #41
                        Oh no! That is awful and no way should anyone be bribed by their own defence team to plead guilty to get a lighter/no sentence when if they do their job thoroughly there will quite possibly be no sentence. I hope that your barrister has been able to put a stop to it.
                        My understanding (and happy to be corrected if wrong) is that if someone pleads guilty and it is accepted, then you may never appeal or retract it and once in prison will have to attend "correction" courses etc etc........

                        Keep strong through this awful time.....
                        "Only love can light the mirror of your soul" - Chris de Burgh

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                        • #42
                          Hi MH

                          This was the Barrister too until I said I felt he was being railroaded. Can I pm you with the details? It's complicated because of course they were having some physical contact at some point and that's why Counsel was advising it was unlikely he would be found NG and her friend has corroborated it all. Their statements are very well rehearsed!

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                          • #43
                            Hi ITJ - course you can PM.......
                            "Only love can light the mirror of your soul" - Chris de Burgh

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                            • #44
                              Well done for standing your ground! No one shoud ever have to plead guilty for something they didn't do. Think of you

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                              • #45
                                Have sent you 2 PMs, MH.

                                You are right, if someone pleads guilty that is it, it can't be undone.

                                Sol kept saying, we could ask the CPS to drop one of the charges if you plead guilty, no-one wants to go to Court, you will have to pay costs if found guilty. He hadn't, until today, passed anything to Barrister. She mentioned her fee and was surprised we had already paid the Sol for everything inc her fee.

                                I was so p'd off by the negativity. I don't mind them saying these are the options and this will be difficult but I'd like to feel they had a clue where to start.
                                Hub's asleep now but I can't drift off so may have to pop a pill soon.

                                At least by sticking with NG hub can put some things into context i.e. not assaults but part of their flirtiness with each other until the day we uncovered her breach of contract.

                                Sorry everyone, I'm rambling ......

                                Just to add, Barrister said under a certain sentence (I think she said under 12 months community order) that hub would not be on the SOR but can't find anything to confirm that?
                                Last edited by is there justice?; 2 September 2013, 11:14 PM. Reason: add

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