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Firstly apologies for the long post. I would to know if I can legally request the removal of a damaging article from a local newspaper which appears on line when either my name or my ex’s name is searched. It is about 5 years old. The article is about me, which I accept as I was charged/convicted, but it also names and shames my ex partner who was not charged, but merely associated to me. It has, and continues to damage his prospects, career and reputation.
Background: I was wrongly accused of benefit fraud back in 2010. I got a solicitor who advised me not to appeal and furnish them with information, but to take it to court and they would fight my corner then. At every step of the way, my solicitors told me evidence was circumstantial and they would make it go away at court. It eventually went to Crown Court, was on the warned list and on the Friday, solicitor’s office called to say I would be in court on the Monday...and that my solicitor, who I had built a trusting relationship with, would not be attending, but I would be appointed one from Chambers. I freaked and they agreed to send a paralegal to accompany me for moral support on day one - I felt the rug was pulled from under me At court on the Monday, I spoke to new solicitor who admitted that all papers faxed/emailed to him over the weekend had either failed or was incomplete, so he was going to defend me using my statement only. Never having been in any trouble before, I assumed that all possible would be done for me by my new solicitor and had no option to put complete trust in him. During the trial, it became very apparent that new solicitor was inexperienced as I could see how the court staff treated him, sniggering and rolling eyes behind his back as he fought my case. It dawned on me months later that none of my witnesses were called and no supporting documents given to my lawyers to prove my innocence were brought to court to assist in my defence. The prosecution had a year to build his case, my guy had hours and never had (or used) the 'help' at his disposal. No surprise, I was found guilty. Absolutely floored, shocked and now with no faith in the judicial system, I decided not to appeal as this had consumed my life for the past year and I needed to draw a line under it and move on. I was a working mum to two teenage girls 13 and 16 and sole carer for mum with cancer and dad with dementia. Just a day or so before sentencing, I received an email from my solicitors attaching a report stating grounds for appeal, which they had sat on for a few weeks – I wished I had seen it sooner as it may have given me confidence to appeal. But as I had made up my mind, wanting to move on, I decided not to appeal (I regretted that later). I was sentenced to 30 weeks suspended, 120 hours community payback and was tagged for about 6 months plus had to pay costs and repay income support and council tax previously claimed. Thankfully I never applied for housing benefit – my ex used to pay the mortgage to keep roof over the kids heads. I plunged into depression and went on autopilot. Some months later, I was at court for liability order for back council tax and the council officer who had dealt with my case couldn’t believe how my case had gone against me and suggested I contact Legal Ombudsman, which I did, and although they said I would have had a case against my lawyers, the time had passed that enabled me to do so. So I was stuck.
Anyway back to article. When sentenced, my case appeared in the local paper and because my ex had success as a musician in a well known band many, many years prior, let’s just say they went to town, naming him, his band and his works. He wasn’t even charged - yet his good name was dragged down by this article. This article is still on line and has no doubt damaged his prospects, career and reputation and has been unable to find decent work since.
My conviction was officially spent last year, and this is the only thing that is holding both he and I back, not allowing me/him to move forward. We both work at minimum wage jobs, although capable of much more, but every time either myself or my ex apply for jobs fitting to our skills and experience, Google spits this article out and damages any prospect of employment. I would like to know if there is any legal way I can get it taken down, or do I just have to write to the webmaster at the newspaper and appeal to their ‘good nature’? And if that is the way to go are there any legal arguments I can use to persuade them to take it down?
If you've got this far, thanks for sticking with me.
Background: I was wrongly accused of benefit fraud back in 2010. I got a solicitor who advised me not to appeal and furnish them with information, but to take it to court and they would fight my corner then. At every step of the way, my solicitors told me evidence was circumstantial and they would make it go away at court. It eventually went to Crown Court, was on the warned list and on the Friday, solicitor’s office called to say I would be in court on the Monday...and that my solicitor, who I had built a trusting relationship with, would not be attending, but I would be appointed one from Chambers. I freaked and they agreed to send a paralegal to accompany me for moral support on day one - I felt the rug was pulled from under me At court on the Monday, I spoke to new solicitor who admitted that all papers faxed/emailed to him over the weekend had either failed or was incomplete, so he was going to defend me using my statement only. Never having been in any trouble before, I assumed that all possible would be done for me by my new solicitor and had no option to put complete trust in him. During the trial, it became very apparent that new solicitor was inexperienced as I could see how the court staff treated him, sniggering and rolling eyes behind his back as he fought my case. It dawned on me months later that none of my witnesses were called and no supporting documents given to my lawyers to prove my innocence were brought to court to assist in my defence. The prosecution had a year to build his case, my guy had hours and never had (or used) the 'help' at his disposal. No surprise, I was found guilty. Absolutely floored, shocked and now with no faith in the judicial system, I decided not to appeal as this had consumed my life for the past year and I needed to draw a line under it and move on. I was a working mum to two teenage girls 13 and 16 and sole carer for mum with cancer and dad with dementia. Just a day or so before sentencing, I received an email from my solicitors attaching a report stating grounds for appeal, which they had sat on for a few weeks – I wished I had seen it sooner as it may have given me confidence to appeal. But as I had made up my mind, wanting to move on, I decided not to appeal (I regretted that later). I was sentenced to 30 weeks suspended, 120 hours community payback and was tagged for about 6 months plus had to pay costs and repay income support and council tax previously claimed. Thankfully I never applied for housing benefit – my ex used to pay the mortgage to keep roof over the kids heads. I plunged into depression and went on autopilot. Some months later, I was at court for liability order for back council tax and the council officer who had dealt with my case couldn’t believe how my case had gone against me and suggested I contact Legal Ombudsman, which I did, and although they said I would have had a case against my lawyers, the time had passed that enabled me to do so. So I was stuck.
Anyway back to article. When sentenced, my case appeared in the local paper and because my ex had success as a musician in a well known band many, many years prior, let’s just say they went to town, naming him, his band and his works. He wasn’t even charged - yet his good name was dragged down by this article. This article is still on line and has no doubt damaged his prospects, career and reputation and has been unable to find decent work since.
My conviction was officially spent last year, and this is the only thing that is holding both he and I back, not allowing me/him to move forward. We both work at minimum wage jobs, although capable of much more, but every time either myself or my ex apply for jobs fitting to our skills and experience, Google spits this article out and damages any prospect of employment. I would like to know if there is any legal way I can get it taken down, or do I just have to write to the webmaster at the newspaper and appeal to their ‘good nature’? And if that is the way to go are there any legal arguments I can use to persuade them to take it down?
If you've got this far, thanks for sticking with me.
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