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Miscarriage of justice, what next?

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  • Miscarriage of justice, what next?

    I gave evidence at a family fact-finding hearing which has been going on for some time and is long and complicated.*

    I was denied legal aid as I work full time and have savings. All other parties in the case got legal aid.
    I was placed in the position where I must either pay a lot of money for legal representation to ensure I am fairly represented and all of the facts are presented and obtained by the court, or self-represent which has led to the full and relevant facts not being heard.

    I am absolutely 100% certain that the one person found to have possibly harmed a child did nothing wrong as I was present throughout.
    However I was unable to cope with representing myself and I was unable to concentrate and recall events accurately when giving evidence.
    The end result of my poor evidence is that an innocent mother is now separated from her children.

    I never made the court aware of my difficulties in giving evidence, since I do not know the mechanism for doing so and I had no legal advice on the matter.

    Judgement in the case has now been given and an appeal was dismissed.

    This is very troubling for me, and I am at a loss as to what I can do to right this wrong.

    What further recourse is there now, if any?
    Tags: None

  • #2
    Were you just a witness* defendant or plaintiff?

    Comment


    • #3
      There is no property in a witness. The witness is there to assist the court, and no one else. A witness is not entitled to legal representation. In consequence a witness is not entitled to obtain legal aid.

      You, a witness, gave evidence. A judgment issued. That judgment was appealed. The appeal was dismissed.

      You clearly feel the judgment is unjust. However your involvement with the trial ceased the second you left the witness box. Any recourse the party you feel was unjustly treated may now have, is not for you to become involved with.

      Comment


      • #4
        I was an intervener in the case, so I was neither a defendant or a plaintiff.
        However what I have discovered after this event is that justice is not about right or wrong, it is about who can perform the best and present the best argument and debate and use clever language to convince a judge of their version of the facts.
        I had no legal assistance, I had to represent myself, I felt intimidated, I suffered an anxiety attack, and as a consequence I could not give any convincing evidence.
        The judge based his judgement on the information presented, so the end result of my poor evidence is that an innocent mother is now separated from her children.
        This is still very troubling for me, I cannot sleep at night thinking about it over and over again. With hindsight I missed out a lot of evidence because my mind went blank. Is it too late now? What can I do to right this wrong?

        Comment

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