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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69366
Experience:  Over 5 years in practice
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Hi I have recently been arrested for an harassment charge

Customer Question

Hi

I have recently been arrested for an harassment charge section 4.

I have been charged and am in the magistrates court in two weeks time.

The story is this :

There is a married guy that is gay and in the closet that I have emotional history with, his previous marriage he split up with his ex wife whilst she was 4 months pregnant because she found out about us she subsequently has never let him be a father to his child because of this.

A few years have passed by where we have not spoken but recently last year he made contact with me,

He is very paranoid and messed up with his sexuality because of his upbringing and has a difficult time dealing with it within himself,

We have arranged to meet up where he likes to do it in a very discreet way so he is undetected,

He will not incriminate himself when communicating with me over the phone or by text.

He gets very freaked out at times and can be all over the place about his sexuality,

I live in another part of the country to him now,

In the recent months there has been arrangements to meet

I have travelled from London to where he is on two occasions now where I have been messed around because he has freaked out about the whole thing.

We have deep emotional history but he is worried his wife will find out again.

In the process of the situation I have had slanging matches and arguments over the situation where at some points there has been threats of violence back and forth

This all got out of hand and got the the point where over a few nights because I was angry and frustrated with the whole situation I sent some male escorts knocking at the door

The situation got out of hand and his wife got involved on the phone to me he has made me out to be a complete loonatic the police were called.

I was arrested and my phone taken.

The forensic analysis of my phone came back when i attended bail on Friday and it has only come back with half of all the communication between us by text.

I gave a running commentary by text to him about the escorts coming to his house because I was so angry with the situation.

He has told the police he has not spoken or had any contact with me since we were kids at school and that I am crazy and need help

His phone was taken as well but there police are refusing to use that as evidence in the case.

I was looking for advise on the situation ?

I am planning on pleading not guilty in which i was told the trial would be sent str8 to the crown court,

I don't feel I am guilty of a section 4 harassment because of the provocation to the situation and this guys messed up mind with the sexuality that has dragged me right through the mud

I look forward to your advise
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is Jo and I will try to help with this. What specific questions do you wish to ask about this? I'm traveling back fro court so may not be able to respond straight away

JACUSTOMER-auisvtxa- :

Ok thanks for getting back so soon,

JACUSTOMER-auisvtxa- :

I wanted to know if you thought I had a descent defence with this ? also can the police withhold evidence ? The forensic evidence that has come back from my phone of texts only shows half the communication between us and I can prove there is more by mobile phone records will this be a good defence for a claim of insufficient evidence ? I was just looking for general advise on the situation of what you think

JACUSTOMER-auisvtxa- :

Hello ?

Expert:  Jo C. replied 3 years ago.
Hi

I have convereted this question to Q and A as I could not see your responses in chat.

So, in short, there is an allegation of S4 harassment but you say its been a two way communication?
Customer: replied 3 years ago.

Its been 2 way communication but there is a lot of texts from him in my phone that make it look like he doesn't want anything to do with me.


 


But I also have loads of texts with kisses and winks from him


 


He is really messed up in the head about his sexuality


 


He has established contact with me and he communicates in a very discreet way with me

Expert:  Jo C. replied 3 years ago.
Did you carry on contacting him when he told you to stop?

Also were there threats of violence?
Customer: replied 3 years ago.

he is hot and cold there is texts showing that he isn't interested but then there is texts with loads of kisses and winks but he gets paranoid that ill show his wife the texts he will not incriminate himself, I had a threat from his wife by text against my mum and dad and dog and he has threatened me down the phone, he basically goes hot then cold and its totally messed with my head where i am trying to make heads and tails of it and yes i have made threats of violence about his family back

Expert:  Jo C. replied 3 years ago.
Ok. But have you made contact after being told to stop?
Customer: replied 3 years ago.

he has never said to stop its just been arguments

Expert:  Jo C. replied 3 years ago.
Thanks.

If it is just a two way argument then that is not harassment. Obviously I haven't seen these messages. They may be arguing there is more on one side than the other. Probably though he just hasn't told them that he has been responding. People can be economical with the truth when it suits them.

If you have made threats of violence then its possible that could amount to a malicious communication but its not a harassment.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Yeah just one quick thing, the police have taken both our phones but they are refusing to use the evidence from his phone in the case, are they allowed to withold evidence ?

Expert:  Jo C. replied 3 years ago.
They are at this stage. Its not part of their case.

The way to get access to that is that if you are charged, you put in a defence statement asserting your defence and asking for access to his phone records.

He is not likely to provide them but then the fact that he has refused says as much as the records would
Customer: replied 3 years ago.

Also,


 


If I can prove that the forensic evidence from the mobile transcript is not complete meaning its only paining half the picture and can prove by mobile phone records that only half the messages sent back and forth are there,


 


Can I argue insufficient evidence ?

Expert:  Jo C. replied 3 years ago.
No, there is sufficient evidence. You have pursued contact despite being told not to or something similar.

There is just evidence which supports a defence which isn't insufficient evidence per se.

Thats not to say that it wouldnt' succeed. Its just not a half time no case to answer point.

I think you need to ask another question to pursue this as your original has been answered.

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