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Victims of Criminal Damage - Have we been Treated Fairly in Court?

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  • Victims of Criminal Damage - Have we been Treated Fairly in Court?

    Can I, or should I be sending a copy of this to the Home Office?

    I was one of the victims of criminal damage. It was part of a seven-year campaign of harassment. It went to court, he was found guilty, but only received a conditional discharge. A one-sided and provably untrue version of events was presented to the court by the defence and we had no right of reply. It destroyed our reputation. We could have demonstrated it was a lie if we were questioned when we were the prosecution witness. Much of what they were doing to us they claimed we were doing to them. We have been victims of these lies for years and now he has been allowed to use a courtroom to repeat these lies without being challenged.

    Three days after the trial he started his harassment again and has done something literally every day since for six months. I still hide in the house and never use our garden as a garden. We only leave our property by car and never walk into the village past his house due to his bullying and his setting up scams.

    He never turned up to court the five times he should have been there, even the final trial. Unknown to us he was claiming he had mental illness. His mental health claims do not match what we experience. In reality he is cocky and arrogant with a God complex, but was portrayed as a timid, delicate man.

    His partner claimed he had agoraphobia, only feeling safe in his house and garden. On and around the court dates he was walking his dog, driving his car and joining neighbours walking down the road spreading false rumours loud enough so we could hear as he walked by our property. He appeared to be enjoying this. The court was not told about this. He still walks his dog away from his house even today. She also claimed he had depression, but has been having a lot of fun harassing us over the years. Three days after the trial he climbed a tree overlooking our property, grinning at us as we cleared up the mess he had caused over the year.

    At the end of the trial when it was clear the judge was going to find him guilty, the defence lawyer also claimed he had paranoia. She also claimed he had an honestly held belief to justify his criminal damage.

    There was a piece of evidence that had been given to the police/CPS that implied he knew his belief was not true, but that was not shown to the court. That may have also convinced the judge about his calculating character and questioned his so-called paranoia. I had discussed the importance of that with a young police officer and another police officer who attended my mother on a court day incident months before the final trial. They appear to have not informed the CPS. Also, the police had allegedly told him his belief was not true before any of these attacks on our property for the court related case. Again, this was not told to the court.

    We replaced the damaged property about five months before the trial. He was continually throwing debris, dog's mess etc into our garden and onto our roof. It would startle us when he did it on our conservatory as we entered that room. He knew we were there even with all blinds closed.

    He then attacked the replacement 535 times. This was not told to the court. Just 15 minutes before the first of those 535 attacks the police handed his full-time carer/partner a letter saying his belief was not true. The police alleged he filmed this. This was not told to the court.

    The carer/partner told the court his belief **was** true. She is not claiming she has mental health issues. We were not asked about what the police had told them and she did not offer that information. None of the vast amount of CCTV evidence as he started his attacks was shown to the court that showed his belief was definitely not true.

    He delayed the case for a year while he argued technicalities. He also tried to get incidents they were engineering throughout the year submitted into the case to possibly damage our reputation. We were reporting those incidents to the police. They were causing us considerable stress. They were also possibly emailing these incidents to the council, possibly to try to establish his claim of an alleged honestly held belief. We did not know that at the time. We were phoning the council to try to get them to stop the harassment, but the council lady was never there and did not phone us back. She still has not done so since the trial.

    When the judge asked us why we had installed CCTV, it was the only opportunity we had to mention the harassment campaign in court. We started giving details of strange and disturbing incidents that happened. However, before we could say anything that we could connect to the defendant, such as an assault he did against our eighty-year old father on our property, the judge said he got the idea and shut us up. I do not understand how a judge knows what you are going to say without hearing it.

    The defendant sent in his partner to be his witness. She asked for screening saying she was terrified of us. This did not match the video of her calmly leaning on our gate away from their property after he had assaulted my elderly father. Of course the court knew nothing about that. (I am concerned that he might have claimed something similar and that was why he did not turn up to court. This would not match the wealth of film we have of him standing on a chair overlooking a six foot fence shouting foul and disgusting abuse at us leading up to the trial. The neighbours heard, but appear unaware of his mental health claims so this will have damaged our reputation further.)

    The defence lawyer asked the partner about us. She then started lying her head off, destroying our character. The judge stopped her and told the defence lawyer she should have asked us those questions. However, he then said he wanted to hear it and let her continue without challenge. I do not understand why the judge allowed that to happen.

    The defence witness, now knowing she would be unchallenged, then started to really lie. For example, she falsely claimed the police had stopped us walking past their property. The police have never restricted our movements. The reality was the defendant had received a harassment information notice which he ignored. Then, I believe in retaliation, every time we walked by both he and his partner would engineer situations to try to make counter claims. In 2015 we ourselves decided to stop walking by and have not done so since. This was due to the scams and the extreme stress this was causing our elderly mother who has a stress related medical condition. This triggers a condition that requires a procedure and that carries risk. He knows she has a stress related condition. We are cut off from the village by walking due to his bullying. Effectively, the partner completely distorted reality and turned an incident of harassment by the defendant into making them look like the victims. We tried to walk by after the trial, but again he spat at us, so again we have stopped.

    The carer/partner lied about many other things, some of which we could easily prove were not true if asked.

    The defence lawyer must have known she was going to ask these questions, but did not ask us. So I am concerned she was knowingly trying to get these lies into the record without challenge.

    Not a word of our witness impact statement was read to the court, even though we had evidence of much of what was in it. The prosecutor was completely unaware the impact statement existed. We were told the defence lawyer would see it, so that may have been another reason why the defence lawyer may not have wanted any challenge to the partner's testimony.

    The defendant was also engaged in sleep deprivation from the moment he realised he had finally been caught about a year before the final trial and then all the way up to the trial. For example, by banging our outside wall between 12am and 3am. We had some good proof of this, including a 14 minute attack a week before the first trial date at about 1am where he had failed to cover our CCTV camera properly. You could see the pole coming from his garden. The police did not view or collect this as normal and allowed this to continue all the way up to the trial. Sometimes we would phone the police multiple times a day and our earlier phone calls for that day had already been lost. We had to turn up to the trial at our wits end, tired and agitated. This was in our witness impact statement, but was not told to the court. There were 27 attacks on the day before the trial. I do not understand why defendants are permitted to compromise a witness up to the trial and this is not mentioned in court. He was also boasting he would not have to turn up to court and his partner was going to say foul things about us. I think this was intimidation. All this was unknown to the court.

    Shortly after the sleep deprivation started my mother had a medical incident and had to go to hospital for the procedure again. This was the third time it has been triggered at a time when he was causing extreme stress. As normal, this was not known to the court.

    The defendant attacked our property on one of the trial days he did not attend when my elderly mother was on her own. She thought the roof was caving in. He was the only person there in his house. We had CCTV evidence that showed the attack came from his property. All our other cameras showed no one entered or left our house or garden until the police arrived. He was not questioned as normal. This was in our impact statement which was not known to the court. We had to stay up with our mother all night as she was having medical problems.

    We reported something to the police about that attack we did not understand. Months later in the court the defence lawyer said something that could have been related to that incident. It could have implied he was tampering with the evidence after the event to try to pretend something of minimal value was damaged instead. This was not known to the court.

    During one of the rants in the week or so before the trial, the defendant stopped ranting suddenly and then put on a victim voice saying he was depressed. This was really unusual as he is always really cocky. In the final trial we had to wait about an hour while they argued technicalities before we gave evidence. During the trial the defence lawyer said we knew he had mental health issues. I am concerned they may have been setting up a ruse in that hour to create an illusion for the judge.

    When we were asked if we knew he had mental health issues the judge shut us up and said something like we could not know his mental health status. What the judge did not realise is we might have evidence that could dispute he had mental health problems at all.

    When he was found guilty the judge said something on the lines of his two counts of battery in 2012 against someone else were nothing, but he had taken no evidence from us to realize this type of intimidating behaviour was happening to us and election canvassers since. Also, one of the court case related attacks was very aggressive, but was not shown to the court.

    The judge did not say it directly, but implied it with a story he told that we should just pick up the dog's mess he was throwing. The judge was unaware that a lot of the dog's mess was being thrown on our roof and clogged up our guttering, which resulted in a major and disgusting job. This continues to this day.

    The defendant has never been questioned by the police since we first contacted them in 2015, even for the assault against my father in 2016.

    For the court case he kept on bullying us on a daily basis for weeks while he refused to be questioned by the police. A community officer ultimately insisted he go into the police station. He went in, had a rant, refused to be questioned or sign anything and left within three minutes. The judge was told about the latter, but it appeared to have no effect on sentencing. The judge was not told about his other refusals to be questioned.

    The 535 attacks, and all the abuse throughout the year has been written off and not addressed by anyone and unknown to the court. Our inability to work due to lack of sleep literally destroyed our business as a result. As mentioned the defendant continues to harass us almost every day.

    His mental health claims do not match the evidence that was withheld from the court. In fact, you could say it shows a very calculating person. There are other very serious reasons why the defendant could be successfully lying about his mental health issues.

    I have written to the DWP and they effectively said to go somewhere else. They were named in court as proof he had these mental health issues. Also, I think the judge said there may have been a note from the DWP. It was not read to the court and once again not challenged.

    The defendant has boasted to us he had access to two of his children removed at one point, but they were returned at a time when he was harassing us. The DWP or social services employee who did this may have been the person who wrote the unchallenged note to the court and therefore could have a vested interest to hide her failings.

    What can be done? Were we treated correctly in that court? Was it correct for the judge to allow her provably false testimony to be entered into the trial which destroyed our character without giving us a right of reply? Was it correct for our witness impact statement to be 'lost', especially when we had proof of much of what was in it? Was it correct for the evidence that disputed his claims of an honestly held belief to be withheld from that court? Was it correct the judge took no evidence from us about either the defendant's or partner's character, but allowed her to totally destroy our character? Was it correct his claims of mental health were not challenged, especially when there were these more serious reasons to challenge those claims?

    I see little point in phoning the police as they ignore crime, even when we have good evidence. Only the community officers ever seem to want to try to stop him. There is no point in phoning the council as they rarely ever want to talk to us and may even be used by the defendant to manufacture a defence.

    Our lives were bad before the trial. They are much worse since. A few days ago the council have been cleaning up handmade road signs the defendant put up along the road that are mimicking real ones. We have had significant retaliation from the defendant possibly as a result. Today has been another bad day with him ranting at my father as he walked by our property with the child that is not biologically his. Surely the biological parents have a right to know how he uses his children? He has also thrown stuff into our garden again today. Life is a constant chore. We live with are curtains almost constantly drawn, or he films us or harasses us in some way when he sees us. Our lives are hollow and without meaning as we have to live under his rule in his twisted world. What is worse is they are never held accountable, challenged or questioned about the provable lies, not even in a court.



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  • #2
    What are the terms of his conditional discharge ?

    Was he found guilty of harassment or criminal damage ( or both ?) ?
    #staysafestayhome

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    • #3
      Originally posted by Amethyst View Post
      What are the terms of his conditional discharge ?

      Was he found guilty of harassment or criminal damage ( or both ?) ?
      I don't think there were any conditions. It was just a case if he was found guilty of anything in a year he would be sentenced for both crimes.

      He was only charged and found guilty of criminal damage. The court knew nothing about the fact he has been harassing us. The only evidence the court heard about harassment was the partner's lies. She falsely implied we were harassing them. Ever since he had the harassment information notice he has constantly tried to set up scams to make counter-claims.

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      • #4
        Have you looked into the possibility of a civil injunction for harrassment ?

        https://www.citizensadvice.org.uk/la...ut-harassment/

        The court can make an order or injunction that the person harassing you must stop their behaviour. If they don’t stop harassing you after the court has made an injunction against them, it's a criminal offence and they can be prosecuted in the criminal courts.

        You can also ask the court for compensation if you’ve suffered financial or emotional loss - for example, if the harassment has made you feel very anxious or distressed.
        Although from your PM he seems to be one of these 'freeman of the land' types so tbh it's unlikely to have much effect.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        • #5
          Originally posted by Amethyst View Post
          Have you looked into the possibility of a civil injunction for harrassment ?
          He was enjoying himself again yesterday bullying us. I am at my wits end.

          A conditional discharge has not stopped him, so I do not think a civil injunction will either. It took over seven years to get a single piece of evidence with which the CPS could take him to court. We did not catch him, he caught himself.

          Can we report the judge to anyone for setting up the conditions that resulted in a one-sided and provably untrue version of events being presented to the court?

          Is there any way we can submit a complaint to the Department of Works and Pensions? Can it be done through an independent Ombudsman? He has not got agoraphobia to the extent he cannot turn up to court. The evidence that was withhend from the court questioned his so-called paranoia. The issue I sent you in a private mail questions whether he has mental health issues at all.

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          • #6
            I absolutely sympathise with you it sounds like hell what he's putting you through. Do you have legal expenses insurance with you house insurance or bank or anything that you know of? A civil injunction would be easier to get ( and easier if you had a solicitor in your corner - the cps only look at getting a conviction) as criminal is more reliant on evidence and beyond doubt, whereas civil will take into account your diaries, and evidence, and the affect it's having on you. If an injunction is breached it can be a criminal offence but then off course you're back to strict evidence.
            Can you install a secret camera watching where the cameras are ( as that seem to be what he goes for ) - even something like a dashcam - mine used to record 24/7 but kept flattening my car battery.
            Tbh he likely does have mental health issues considering the things he does, though agrophobia doesn't seem to be one of them. That doesn't mean he should get away with this kind of behaviour.
            Do you both own your houses btw ? I think you said he rents his ? Any conversation with the landlord at all?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

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            • #7
              Originally posted by Amethyst View Post
              I absolutely sympathise with you it sounds like hell what he's putting you through. Do you have legal expenses insurance with you house insurance or bank or anything that you know of? A civil injunction would be easier to get ( and easier if you had a solicitor in your corner - the cps only look at getting a conviction) as criminal is more reliant on evidence and beyond doubt, whereas civil will take into account your diaries, and evidence, and the affect it's having on you. If an injunction is breached it can be a criminal offence but then off course you're back to strict evidence.
              I do not think we have legal expenses on the insurance. However, your last sentence means we are back to the seven years of getting no proof. In the past six months he has been really careful again.

              I effectively lost almost a years worth of income last year. I am self employed. When I can't work, I do not get paid.

              Additionally, he has the backing of the DWP. This seems to be a totally unaccountable organisation that can say anything they like and be unchallenged. That is why I think a complaint against them might be the only way forward, especially if it could be done through an ombudsman.

              Originally posted by =Amethyst View Post
              Can you install a secret camera watching where the cameras are ( as that seem to be what he goes for ) - even something like a dashcam - mine used to record 24/7 but kept flattening my car battery.
              I think everyone is completely underestimating this man. I believe he was engaging in this harassment so we installed CCTV. Then he did his victim act pretending it was looking at him. He is contantly trying to get us into trouble. A week or so before the final trial he built a swing where he claimed our camera was pointing (it was not) and then started shouting over the fence we were filming his kids on the swing. This might have been another thing that was discussed in that hour before we started giving evidence.

              He is constantly setting up situations to try and make counter claims. He did one yesterday, and today once more it looked like he had a visit from his care workers. I am on edge all the time feeling sick knowing this man is spending 24/7 trying to frame us.

              Originally posted by =Amethyst View Post
              Tbh he likely does have mental health issues considering the things he does, though agrophobia doesn't seem to be one of them. That doesn't mean he should get away with this kind of behaviour.
              I think he just has a God complex and will go to any lengths to destroy people who say no to him.

              Originally posted by =Amethyst View Post
              Do you both own your houses btw ? I think you said he rents his ? Any conversation with the landlord at all?
              We own, they rent. I do not know how they afford it cosidering in court she claimed he was on full benefits and she claimed she was a full time carer.

              He lies to the landlord and the landlord takes his side. We called the landlord in when he was getting great enjoyment moving a boundry fence right up to our retaining wall (we are lower). This is bad building practice. The landlord would not stop him. The landlord then stopped the construction until he was away on holiday. The defendant then finished the fence pushing it right up to our retaining wall. He even drilled into our foundations. We had that on film and also our request for him to stop until his landlord came back. He did not. When the landlord did come back, he said it was in now and that was the end of it. He did not want to know about the damage to our wall.


              I feel that judge has assisted them in destroying our reputation. The police have never restricted our movements. I think this is one of the rumours they have been spreading for years and now a judge has allowed them to tell this lie to a court to destroy our reputation and we had no right of reply. If we ever get to a court again, all they are going to do is lie again, and once more he will get away with it or get off lightly again. This judge has effectively taught them that lying works.

              Today I have felt so low I have been unable to work again. It is like living in a never ending nightmare with no way out.




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