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**Seeking Justice** · 6 August 2013, 06:23 PM

Just a quick update

The evidence we are waiting for has still not arrived.

It includes CCTV, previous sexual allegation of the complainant around the same time as she accused me, medical records and details of all witnesses previous convictions.

Does anyone know whether this has to be served before the trial?

There is an order in place at the last hearing that this had to be given to us by the beginning of june.

I am getting quite frustrated as I think the trial is just going to go ahead regardless and this information could mean the difference to me getting wrongfully convicted :-(

If anyone has any guidance here it would be appreciated.

Thanks

SJ

**Seeking Justice** · 6 August 2013, 06:28 PM

Oh and it also includes two witnesses who contradicted the complainant's version of events and stated that there was a history of sexual contact between us before she made the complaint.

The police did not want to take these statements at the time - they only seemed bothered with other people with less relevance but who generally support her side of events

**Boys don't cry** · 6 August 2013, 07:10 PM

Hi SJ and sorry you didn't have any response sooner.

I suppose that if the judge directed the CPS to reply to the defence case statement and provide additional evidence they should have or will have to.

I can only tell you from my experience that the police or CPS should provide these documents.
In my case I only received them the first day of the trial but it was only because my barrister insisted.

I have seen as well a judge ordering the police to "arrest" and bring to court some witnesses.

Hope this will help and if you meet your barrister or solicitor soon, don't hesitate and ask again for this evidence, ring them, email them ,contact them...

Keep faith.

**Seeking Justice** · 6 August 2013, 07:20 PM

Hi Boysdontcry

Thank you for your input. Did they have to adjourn your trial to gather the evidence?

I realise not all cases are the same and pretty much anything can happen, but I was just wondering based on your experience.

SJ

**Boys don't cry** · 6 August 2013, 07:55 PM

SJ

No,they didn't adjourn the trial.

It took him three months to get them and even asked me if I wrote this letter.

The prosecution picked some details from the pages I wrote and like Sparks' my defence barrister used the same pages to help me.

Ask for the evidence, ,be proactive and remember: It is never too late.

Take care.

**Seeking Justice** · 7 August 2013, 03:59 AM

Thanks - my solicitor says that it might result in them withdrawing the prosecution at the trial. I suppose I am hoping that they properly read all the evidence and discontinue the case this week!

I know this is probably a pipe dream and it is unusual at this stage for the CPS to discontinue cases, and I have tried to not give myself false hope about this.

I have to prepare myself that this is going to trial, and the end result will be acquittal/innocent verdict.

Although I am scared of going to prison it is about much more than that for me now. I am just so angry my whole life is on the line and I know she is lying and the witnesses are lying. It really makes my blood boil that this has happened to me.

I would love to see exactly what the shambles that is the CPS/OIC has actually done to 'investigate' in my case. It seems they don't investigate pre-charge. They simply charge and see if you will plead guilty. Investigation is then done last minute before a trial. What an upside down and totally unjust system this really is.

I will fight to my last breath for the truth to come out and hopefully post good news about this in due course, which will hopefully help anyone else going through a horrendous FA.

**lawlessone2009** · 7 August 2013, 11:37 PM

It's not 'false hope' but more a true belief that it would be 'just'. Your stating a fault which is core to the Crown Prosecution Service and that fault is that they think they are above the law.

Judges don't tolerate it. Your legal rep should make a gigantic deal of it when you next appear and insist that the info is made available. It could be that an adjournment needs to take place but it'd, strictly speaking, be the second time the issue has arisen. It starts to put pressure on the prosecution...

Keep the pressure ramped up on them.

You have a right to a fair trial and part of that is fairness when it comes to evidence. If you ask for something and they are supposed to have it then there is no reason that you should not have it. If the prosecution want to go pissing into the wind there's no reason it should get you wet.

Believe me, you would not want to see the shambles that has been made. It would blow your mind! They consistently get away with it though and it is bloody sickening. The crown advocate at my appeal thought she could win the day by repeatedly using the word 'rape', referring to the same case repeatedly, smiling repeatedly and twirling her 'real' hair (had the formal wig on) repeatedly............ She provided nothing of substance and was cut to pieces by the 3 appeals court judges. At the end up she didn't actually show a care in the world, gathered her stuff and sauntered out the room. That's what the tax money is paying for..........

**Cabins_2011** · 8 August 2013, 10:41 AM

Although in my case thier wasn't an order or direction, thier was information that my defence team asked the CPS to provide pre-trial (i.e. in the 6 weeks leading up to the trial date) and the information wasn't given. It appears that it is quite common for the CPS to not serve some information just before trial - presumably as they are not wanting the Prosecution case to be harmed in any way etc. I found this incredibly frustrating, but then I wouldnt have said looking back that it was evidence that would lead to the case being dropped, more a case of yet more information that puts even more hols in the Prosecution case.

To be truthful I thought my case would be dropped with everything that I served in my defence, probably up to and beyond my PCM hearing, but having started using this site a few weeks before my trial, it became startingly evident that trials go ahead on the basis of a statement alone, which was the case in my situation. Unbelievable - but the sad reality of being falsely accused.

I really hope you get some good news soon, the disclosure said June, so surely your Solicitor must have been really pressing the CPS during July for thier comments/update? Hopefully you wont get to trial as it is the most horrendous experience in the world.

Keep us updated.

**Seeking Justice** · 8 August 2013, 02:27 PM

Thank you for your replies lawlessone2009 and cabins 2011.

My solicitor says the good thing is that all the information was there right at the very beginning, it was in my statement and a few of the witnesses statements as well.

It was clear that further investigations should have been carried out, but as we all know, the police/cps are looking for the evidence that could lead to a conviction and do not concentrate on the issues arising which point to an innocent person and witnesses that are lying.

I will definitely ask my solicitor to keep up the pressure, I am certainly keeping up the pressure on him, although, to be fair, I think I am getting grade a representation for someone who is on legal aid. He has written to them a few times and has threatened with court applications etc but still no answer and it has been months!

I will let you guys know what happens in due course.

**Seeking Justice** · 16 August 2013, 02:34 PM

Just a quick update.

Some evidence has been received but backdated as if it was sent months ago!

Does anyone have any experience of these sort of tactics?

In the evidence is a strong indication of witness contamination, but the CPS do not want to use it and my trial is in 1 week's time!

They are still steaming ahead regardless though.

I will let you know how it goes.

SJ

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