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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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I have served nearly 4 years for an offence that I did not

Customer Question

I have served nearly 4 years for an offence that I did not commit.My solicitors raised an appeal against conviction but was turned down by the appeal court judges.

I have since discovered that they did not check all the paperwork that was submitted to them.

My accuser stated in his police interviews that as a child he used to fantasize. My legal team raised a defence statement to the fact that his whole statement of events was fantasy . I have now discovered that at my trial the defence barrister failed to bring to the courts notice that this person fantasized as a child, and was not presented to the jury.

This was my whole defence in a nutshell , yet these very important issue was kept from the jury.

The CCRC also failed to pick up on these very important matter, and I have raised the matter with them and I am awaiting a reply, but I no longer hold any faith in there ability to give proper advice, as they failed to read all the papers that was submitted to them.

Where do I stand now, I was sentenced to 7 years for offences that I did not committ
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this?
Customer: replied 3 years ago.

Joe


 


Thank you for coming back to me, I would like to know if I can go back to the court of appeal on the grounds of Abuse of Process as my legal team failed to put my main defence argument before the jury, as this would have made a vast difference to the outcome of the trial. The defence failed to bring to the courts attention and the jury, that he fantasised as child.


 


I have been through the court transcript and this very important matter was not raised at my trial


 


The defence statement that was raised by my legal team stated that I would be relying on the defence that the person fantasized as a child, and that his story was fantasy


 


I would appreciate your comments please


 


Thank You


 


Gordon


 

Expert:  Jo C. replied 3 years ago.
On what basis is it relevant that a witness fantasised as a child?

Sorry if I'm missing the point but where does that take you?
Customer: replied 3 years ago.

I am saying that I am alleged to have abused him as a child, and I believe that his story is fantasy, and that was the basis of my defence

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

Surely the fact that you deny the offence was put?