Information presented in court

[Mashadar]

There is more to what I want to describe here, Im certain of the what some responses will be, Its just that this depresses me every time I think about this.

This is liable to be the only time I ask anyone, friends have told me that I should do something .. so I will ask here. Its just I feel like putting it behind me and forgetting the whole thing.

Given whats happened, I wont say much.

1
The CPS, as part of a court case, provided information to the courts which was both a combination of altered police record charges and a lost DVD with important information on it. (Note: Their own interviews cite this discs presence and that records on the disc are encrypted - with reference to the misplaced password and documents on it).

2
I requested my solicitor to point out these misrepresented and lost items to courts and he refused.

------------------------------------------------

The result of this of course was a succesful conviction by the police, to whom I had already complained about a number of events - on which little or no actions were taken. The CPS even used my statement from interview that I had little trust in the police in court as part of the case.

If I wanted to do something, who do I go to? I dont meen disrespect .. but I just dont feel that I can trust anyone any more. Just sitting here thinking over it drains me.

[bluebottle]

Re: Information presented in court

Hello Mashadar and welcome to Legal Beagles.

The first thing I must ask is how long ago the hearing was. As you may know, you have 28 days from date of conviction to lodge an appeal.

The second thing I must ask is what offence(s) you were charged with. If this is of a sensitive nature, please send me a private message. Anything you disclose will be treated in strictest confidence.

Bluebottle

[Mashadar]

Re: Information presented in court

Thank you for a prompt reply,

I am well past any appeal time as the charges were put through court in 2010.

The reason I ended up in court is simple, claims were made against me which I presented a counter claim to. I explained my situation to a police officer and in his view, after completing the enquiry he said there was nothing that required any actions by the police.

One individual involved however, then lied to the police outright, saying I ran out of my property screaming abuse at them - an event which never happened. This same individual even stated to the court, that they have never been approached and warned to avoid us by any means, yet our solicitor has issued letters to them and they have been approached by the police and asked to avoid us.

Everyone who knows me laughs at the idea that I am supposed to have run and sworn at someone, because I have disc damage at the base of my spine after years in engineering, so I cannot run with major does of extremely strong painkillers (required before I even go out anywhere). Second, I am ridiculously stubborn when it comes to swearing - I just refuse to. The english language can put people down without such profanity, as such I have only ever sworn 4 times in my the 40 years of my life and then only because of pain.

In the course of enquiries, the police also misled me, saying that only related events within 2 months of the 'verbal abuse' charge would be acceptable in court from me ... this was not the case.

My solicitor was of no help at all, I saw him just once at his offices. The next time I saw him after that was when he gave me the social report. I had just couple of minutes before entering the court to review it, I barely had time to even see what it said properly. After that it was which way I was going to plead, guilty or not, no other options were offered at all.

The social report described me as a medium threat to the courts, citing the Anti - Depressants and anti Psychotics that my doctor prescribed for its night time pain control as placing me in this bracket of risk. The doctor was using them solely for their nerve blocking side effects only as I have been unable to sleep without them.

Even before this in 2006, my mother was arrested after provocation from these same individuals. A solicitor from the same firm as I had been supplied with in my case, even agreed on this with the police.

So I now have a restraining order, until further notice and have to worry constantly that this whole thing could repeat itself easily. My father suffered a siezure and was hospitalised for a week because of the stresses involved in this case in 2010. I do not want my family to have to go through this again.

I understand that there are data protection issues here, despite my telling the police they did nothing about it, but how has this case gone through court without anyone noticing what should be obious flaws? So many existed in the documents at hand and no one even noticed.

The police even had copies of my diaries of provocative events that lead up to this. The dates and times of legal letters issued to these individuals were recorded in my diary, but the police still presented in court that my accuser had nothing to indicate any reason by my family for legal actions they were warned of.

[bluebottle]

Re: Information presented in court

Thank you for a prompt reply,

I am well past any appeal time as the charges were put through court in 2010.

The reason I ended up in court is simple, claims were made against me which I presented a counter claim to. I explained my situation to a police officer and in his view, after completing the enquiry he said there was nothing that required any actions by the police.

One individual involved however, then lied to the police outright, saying I ran out of my property screaming abuse at them - an event which never happened. This same individual even stated to the court, that they have never been approached and warned to avoid us by any means, yet our solicitor has issued letters to them and they have been approached by the police and asked to avoid us.

Everyone who knows me laughs at the idea that I am supposed to have run and sworn at someone, because I have disc damage at the base of my spine after years in engineering, so I cannot run with major does of extremely strong painkillers (required before I even go out anywhere). Second, I am ridiculously stubborn when it comes to swearing - I just refuse to. The english language can put people down without such profanity, as such I have only ever sworn 4 times in my the 40 years of my life and then only because of pain.

In the course of enquiries, the police also misled me, saying that only related events within 2 months of the 'verbal abuse' charge would be acceptable in court from me ... this was not the case.

My solicitor was of no help at all, I saw him just once at his offices. The next time I saw him after that was when he gave me the social report. I had just couple of minutes before entering the court to review it, I barely had time to even see what it said properly. After that it was which way I was going to plead, guilty or not, no other options were offered at all.

The social report described me as a medium threat to the courts, citing the Anti - Depressants and anti Psychotics that my doctor prescribed for its night time pain control as placing me in this bracket of risk. The doctor was using them solely for their nerve blocking side effects only as I have been unable to sleep without them.

Even before this in 2006, my mother was arrested after provocation from these same individuals. A solicitor from the same firm as I had been supplied with in my case, even agreed on this with the police.

So I now have a restraining order, until further notice and have to worry constantly that this whole thing could repeat itself easily. My father suffered a siezure and was hospitalised for a week because of the stresses involved in this case in 2010. I do not want my family to have to go through this again.

I understand that there are data protection issues here, despite my telling the police they did nothing about it, but how has this case gone through court without anyone noticing what should be obious flaws? So many existed in the documents at hand and no one even noticed.

The police even had copies of my diaries of provocative events that lead up to this. The dates and times of legal letters issued to these individuals were recorded in my diary, but the police still presented in court that my accuser had nothing to indicate any reason by my family for legal actions they were warned of.

Your social report wasn't written by some spotty social worker who doesn't know that certain anti-depressants and anti-psychotics are used in pain control and management? If it was, their evidence would be inadmissible.

[Sparkie1723]

Re: Information presented in court

I would make a complaint to the Independant Police Complaints Comittee about your views on how the Police acted in your particular case ......and also make an appointmet to see your MP and ask for his views and assistance. In would also consider a compliant about your solicitor to the Solicitors Regulatory Authority .......if you do not complain .......nothing will happen and you will just have to grin and bear it .......there is no need to do that .....Create waves ....no matter how small ............create them

Sparkie

[Mashadar]

Re: Information presented in court

I would make a complaint to the Independant Police Complaints Comittee about your views on how the Police acted in your particular case ......and also make an appointmet to see your MP and ask for his views and assistance. In would also consider a compliant about your solicitor to the Solicitors Regulatory Authority .......if you do not complain .......nothing will happen and you will just have to grin and bear it .......there is no need to do that .....Create waves ....no matter how small ............create them

Sparkie

Im sure im not alone in having gone through something like this, Ive been talking to friends and they agree with the sentiments here.

At this point, I am looking for what happened when others bit the bullet .. so to speak. But I am trying to work through this, I would not wish what happened to me on anyone and yes .. I know that to stop it from happening again that I should do something.

I will watch for a while, I suppose at the moment I feel like i'm on the edge of a bungee jump, I either go or forget it.

My discussion here will be the closest equivalent to dutch courage in the end, It would be great to know if others individuals succeeded.

It has waited this long, I can wait a little more.

[bluebottle]

Re: Information presented in court

Im sure im not alone in having gone through something like this, Ive been talking to friends and they agree with the sentiments here.

At this point, I am looking for what happened when others bit the bullet .. so to speak. But I am trying to work through this, I would not wish what happened to me on anyone and yes .. I know that to stop it from happening again that I should do something.

I will watch for a while, I suppose at the moment I feel like i'm on the edge of a bungee jump, I either go or forget it.

My discussion here will be the closest equivalent to dutch courage in the end, It would be great to know if others individuals succeeded.

It has waited this long, I can wait a little more.

From what I have read in this thread, this matter may need to be referred to the Criminal Cases Review Commission (CCRC), which deals with miscarriages of justices. Their website is http://www.ccrc.gov.uk.

A lot of cases referred to the CCRC have been due to advances in forensic science casting doubt on the reliability of convictions, but there have also been a number referred due to police corruption, e.g. fabricating or suppressing evidence.

It is possible this case falls into the latter category.

My advice is to speak to a legal professional about referring the case to the CCRC, in the first instance. Should this then reveal police corruption, then, the matter should be referred to the Independent Police Complaints Commission (IPCC). However, do be aware that police forces can refer cases to the IPCC voluntarily.

I agree with Sparkie that you should make a complaint against the solicitor who acted for you. There are three bodies to whom you can complaint about a solicitor -

Legal Ombudsman Legal Ombudsman
Solicitors Regulation Authority Solicitors Regulation Authority - Protecting consumers, regulating solicitors

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