Where to start? The saga takes an unexpected turn..

[is there justice?]

I did have a few extra thoughts last night CH. One thing I would like to ask of anyone who has gone through a trial, did your sol/barrister discuss the questions they were going to ask you/your partner / son etc before the trial started? It may be that they are not allowed to but certainly if they are allowed to, we never had one minute's discussion before the trial was due to start, or at any time before, of the questions our ex barrister says she prepared. This would support our claim, to some extent, that the time before trial was due to start concentrated solely on pressurising hub to enter a plea bargain.
If they aren't allowed to then it won't help.
If anyone can shed light on this I'd be grateful. We are trying to get our response ready for our new Barrister and send it to him tomorrow when he is back in his office.

[phoenix2014]

When the time came that we were discussing whether or not to put my son on the stand,they had not discussed questions that may be asked,they just asked if he would want to give evidence over and above his police interview which was played.
He was more than willing as he had nothing to hide,I also at one point was going to be a witness and they did not discuss questions with me either.
As it turned out neither of us were needed as it really would not have added more to what already had been said and would have just put us through yet more hell.
Whether they would have gone over things I can't answer,I would assume they would but after going through the trial and you will be called last if at all,I think you will have a pretty good idea of what will be asked.

[Heretowin]

I did have a few extra thoughts last night CH. One thing I would like to ask of anyone who has gone through a trial, did your sol/barrister discuss the questions they were going to ask you/your partner / son etc before the trial started?.

With my son the sol/barrister went through his statement and also the FA's. They were making sure he would be consistent in his responses to the prosecution questions. They covered potential questions from the prosecutor based on her statement and tested his responses. The barrister also visited his home as the site of the so called attack to see the layout.

HTW

[is there justice?]

Thanks, we didn't get any of this apart from a brief read through of statements at the first, and only, meeting with ex barrister before trial. We never went through picking holes because she immediately started telling hub how grim it looked.
Having gone through her reply to Judge's questions, we have found that she has inadvertently contradicted herself in two answers, evaded a definite answer to several and lied in answer to another two.

[lawlessone2009]

Here's what I was told by my solicitor and Advocate (Scotland mind):

Only a fool asks a question he does not know the answer too.

After, of course, I'd asked a million questions...

What they were saying was that they needed to know everything! The spent an incredible amount of time going over my accusers statements as well as her friends, they then started hitting me with their thoughts and their questions. There were times of frustration where I wondered what in the hell they had read, if anything, BUT what it was was that the 'context' was lacking, they needed to give their thoughts so that I could correct them and they could then formulate the questioning strategy.

Of course, with the info being drip fed to them from the prosecution, the legal arguments were forever evolving and parts were being dropped and new avenues opened up. I was actually, at one point, thinking they were just calling me in to justify some expense claims!!! They weren't!!!

The case against me was so shambolic that they had little help by way of evidence against me. I couldn't be of a great help as I didn't know what I hadn't done!

After all the initial re-raising was over the prosecution began to actually pass through paperwork and then the pressure began to build. At that point my legal eagles began the strategy of trying to ascertain if I should take the stand. They went to great lengths of questioning and made recommendations throughout. There was never any pressure at all for a plea bargain. It was all mentioned in the early days so that they could better judge their route forward but once they'd had their minds settled that was it.

Hitting someone with a plea bargain on the day of trial should be OUTLAWED. If there's to be any bargaining done then it should be from the start.

I hope you guys manage to get the vacation. I really do not see why you shouldn't. Keeping the fingers and toes crossed.

[is there justice?]

Thanks LL, our fingers are crossed

[is there justice?]

Well, we are travelling down tomorrow ready for Friday's hearing.
Had a Skype with our Barrister today. He is certainly prepared but I'll say more on that after Friday when hub and i hopefully return home together.
The difference between a good legal team and a poor one cannot be more evident than in the last few weeks! Even hub, ( who can be like Eeyore) is feeling cautiously positive.
RF, will email you when I get a minute as a couple of interesting points have come up.

[Rights Fighter]

Thanks for the update here and by email. This is a learning curve for me too so please do keep me updated as to why the plea has been vacated. I'm hoping it will be. Seems a lot has gone wrong there.

[myhome]

Hi ITJ - will be thinking of you both tomorrow and hope you get some really positive news and information - asking to visit you both and keep you safe and give you strength.....MH

[is there justice?]

Thanks MH

I hope so too or I will be travelling back alone. Without wanting to be over confident, this time feels very different. We are calm at the moment, enjoyed a nice meal at the pub.
Our Barrister has phoned tonight to make sure we are ok. All depends on the Judge tomorrow. If it goes awry, we just have to carry on as best we can but I can't quite believe that will be the outcome, though we are prepared for the worst.
I hope you are feeling a bit better.
Going to cross my fingers and toes now and get some sleep!

[Casehardened]

Very best wishes for today and expecting a positive update tonight!

[is there justice?]

On the way home. Went very badly despite Mark's sterling work. This new Judge wasn't having any of it.
Mark was furious and we could try a couple of futile appeals, one to Crown Court re vacating the plea and one to Division on the points of law but in reality it would be even more unlikely to be successful.

So, 36 months community supervision with complulsory offenders' programme, 18 weeks jail if doesn't attend ( mark says to stick 2 fingers up and do the time!). This is how poor the charge was, the judge couldn't find a sentence to fit the harassment. 5 years on SOR.

Restraining order and compensation refused. Compensation refused because Judge said it couldn't make up for the suffering of the victim.
The FA was there with her cronies and the only bit I enjoyed was her sharp intake of breath when she heard the decision on the compensation. Think she was planning a holiday.

You will see me saying here constantly two things, get the right legal team and don't hesitate to change them if necessary and never be browbeaten into a plea bargain.

On the plus side we are travelling home together to enjoy our retirement by the sea. What can't be cured must be endured. Family and friends have rallied round and this too will pass but forget and forgive? Never!

Thanks everyone for your support.

[Rights Fighter]

Check to see whether the 18 weeks time would actually be that - or whether he would serve less than half. To undertake the course on the out he would have to admit guilt. Or he could sit there and not take part - they would hassle him then though. If he's strong enough to withstand that ok - but given his understandable head in the sand attitude prior to the non-trial I doubt it. Take advice.....

Mark is such a lovely guy one of the few genuine, decent caring barristers.....

[Casehardened]

I am so disappointed to read that hubby wasn't able to vacate his plea, what a shame the judge who suggested this wasn't able to preside; however to look on the positive side, at least this didn't happen:

I hope so too or I will be travelling back alone.

The unfortunate bit is him having to sign the SOR but at least this is for a definite term...

[myhome]

really really sorry you didn't get the outcome you had hoped for and deserved.......you are still together and can gain strength from that.
You mentioned sharp intake of breath re compensation - what happened there? Big hugs to you both