Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
CPS Wont fully Disclose, Fallen for two traps, PLEASE HELP!
#1
Exclamation 
I was arrested for ABH, released on bail for 4 weeks pending a court date. Almost immediately, my wife and her family have been making contact claiming that although she’s upset, it’s best to work towards reconciliation.


TRAP 1 - Members of my family felt that she intentionally provoked me on the day and should be wary of their intentions, but eventually, It was mutually agreed (verbally) between all sides that i should plead guilty, accept community service etc and make necessary steps towards making the marriage work. This is after numerous meetings, calls and church mediators getting involved. Unknown to us, there has been NO TEXT, NO MAIL showing their positive intentions.
I got a call from my mum in-law shortly before going in court claiming they are in full support & as a sign of support, that the entire family including my wife will not come to court.
Prosecutor offered a summary, photos taken and a statement from my wife as FULL DISCLOSURE but after i pleaded GUILTY, they claimed that they have more supporting evidence to suggest that the sentence should not be for a LOW Category 3 but a HIGH Category 1 offence. The prosecutor was asked by the judge to disclose all and let us decide in an hour whether we wanted to proceed. We were given a more detailed statement of past events, more culpability on the day and her concerns for her future.
An hour after, after denying the first 4 sentences in the longer statement given by my wife, the CPS claimed they even have MORE evidence. The judge was upset at having to have a third request for FULL Disclosure.
The prosecutor claimed that they have statements from the family and my wife expressing their concerns and mutual agreement that incarceration is necessary, fear of me killing her, our child and possibly another woman in the future..nasty stuff.
The judge concluded that they should disclose in FULL what they have now and also disclose soon before a newton hearing date 5 weeks time. The judge insisted that ALL witnesses including my wife needs to be cross examined on the day.


TRAP 2 - We agreed as a family that we would have no contact with them but after several calls & texts, the family were still INSISTING on the need for reconciliation .My wife has been calling family and friends in the UK and abroad (that haven’t heard of the problems), still claiming although she’s upset, she would like to know that i am remorseful and an apology would make everything go away.
BUT, those people have called me with a similar concern. They have told her that if she wants any chance of reconciliation, she has to offer written support otherwise mediation is pointless. They all feel that once she’s been given that VERBAL advice, my wife sends a text claiming she won’t take their advice & that the court should decide on my faith. Almost writing messages to suggest that she’s been pestered or pressured by them.


Her mum and dad have now TURNED up at my house UNINVITED. Claiming they have decided to reach out as PROOF that they are still interested in reconciliation.
I told them that there’s no reconciliation with a potential jail term hanging over my head unless she offers support in writing. If she is no longer interested in the marriage, we will know for sure on the hearing date what her intentions are and the family.
I called them afterwards to thank them for coming and said my parents will be willing to talk to them if they are still interested in mediation.
Our entire family got a TEXT from my wife a few hours afterwards claiming that she has no interest in helping and doesn’t want to be pressured for support. Her parents then sent me a TEXT CLAIMING that they have offered MY PLEA for leniency to their daughter, she is not interested and that they have to respect her wishes. Effectively claiming (in writing) the opposite to what happened in person.
My legal-aid lawyer is leaning towards simplifying the questions on the day so that my wife realises that what she says could decide if i go to jail or not but my family feel i need a FIGHTER for a lawyer. Someone willing to insist on digging the truth and expose the scams, scrutinise CPS failures and cross examine evidence and all witnesses.


My lawyer claims a week after the first court appearance (5 weeks after the event), the CPS have still not offered a FULL disclosure. My lawyer claims that the CPS could forward documents as late as a few days before the hearing.


I need help, i need a fighter. I want my case taken up by another firm.
I do not know if it can be via legal aid or pro bono.
I do not know if a financial agreement can be agreed to have my case taken up privately.
I am willing to have fees secured against my home through a Novitas loan or similar.


I just don’t know where to turn to prevent me going to jail and having contact with my daughter ripped away.
Reply
#2
You arent going to jail. stop worrying. your ex is been a complete idiot claiming ridiculous things, she contradicts herself repeatedly and u have lots of evidence of this. go to court be calm and tell the truth the best you can and u will be fine. judges probably already getting annoyed what she is doing anyway and wont stand for it

any texts of attempted reconciliation or any witnesses with you when her relatives have visited would be helpful perhaps
Reply
#3
(08-05-2018, 04:32 PM)warwickshire1 Wrote: You arent going to jail. stop worrying. your ex is been a complete idiot claiming ridiculous things, she contradicts herself repeatedly and u have lots of evidence of this. go to court be calm and tell the truth the best you can and u will be fine. judges probably already getting annoyed what she is doing anyway and wont stand for it

any texts of attempted reconciliation or any witnesses with you when her relatives have visited would be helpful perhaps

We have noticed that all positive communication with them have been via phone calls or face to face but all negative have been via text or whatsapp.
I just need them cross examined rather than letting her use tears in court to claim she now remembered more as the reason for the differences.
Reply
#4
If you record your conversations you can always write it down afterwards - you cannot submit recordings to court butcan submit transcripts from memory
The opinions here are not that of Separated Dads, but merely a loving father who has been through the process and has come out the other side.
Reply
#5
(08-05-2018, 07:10 PM)invisibleintellectual Wrote: If you record your conversations you can always write it down afterwards - you cannot submit recordings to court butcan submit transcripts from memory

Many thanks. I have recorded phone calls made and received on my phone but no other family member had the suspicion early enough. I'm sure incoming call logs will show they have been making contact. 
Trying my absolute best to mount a reasonable defence. Is there ever a consequence for non disclosure by CPS. Three non full disclosures seems extraordinary to me
Reply
#6
The judge has requested a Newton Hearing be held as you’ve pleaded guilty to ABH based on a summary statement from your wife. This Newton Hearing is being held to help the judge decide what level of sentence is appropriate. CPS are pushing for the higher cat 1 sentence as they’ve produced more detailed statements detailing past events and your wife’ fears for the future.

Is there any evidence for these past events that your wife is alleging (police reports, medical records etc?). Your solicitor seems to be relying on a certain amount of good will from your wife to ensure that the evidence she gives doesn’t lead the judge to decide that he needs to go for the cat 1 high sentence in this case.
Reply
#7
(08-06-2018, 07:09 AM)Kate Wrote: The judge has requested a Newton Hearing be held as you’ve pleaded guilty to ABH based on a summary statement from your wife. This Newton Hearing is being held to help the judge decide what level of sentence is appropriate. CPS are pushing for the higher cat 1 sentence as they’ve produced more detailed statements detailing past events and your wife’ fears for the future.

Is there any evidence for these past events that your wife is alleging (police reports, medical records etc?). Your solicitor seems to be relying on a certain amount of good will from your wife to ensure that the evidence she gives doesn’t lead the judge to decide that he needs to go for the cat 1 high sentence in this case.

I agree. 
Relying on goodwill is just too risky with a family that claims to be negotiating but keeping evidence of the opposite.
I simply don't have a clue what evidence they have historically or on the day.
My wife has, in the past, made secret recordings of verbal abuse. Naturally, the person recording will always make sure they record after taunting or keep quiet. She has been criticised for doing so in the past. I feel that might still be used against me.
Reply
#8
I hate to say this, but your Legal Aid solicitor will be getting paid whether you get the cat 1 or the cat 3 sentence. You’d hope that they’d be fighting for you and in the interests of justice, but very often it seems that they just want to take the easy road.

It could be that if you and your solicitor can prepare a decent defense to the CPS’s evidence (and the CPS evidence is a little weak), then on the day of the Newton Hearing your solicitor may be able to do a deal with them prior to the hearing. Something similar happened to my son. On the day of the hearing, his solicitor and the CPS solicitor got together and it was agreed that the Newton Hearing wasn’t necessary. He then got sentenced on the basis of his original guilty plea to a technical breach of a Non-Molestation Order, rather than the major breach that the CPS alleged. I don’t know enough about law to know if this is possible in your case, but it might be worth mentioning to your solicitor.

Good luck.
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  wont disclose address tdci 2 1,003 01-09-2019, 07:25 PM
Last Post: tdci



Users browsing this thread: 1 Guest(s)