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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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My employers are taking out a private prosecution against me.

Customer Question

My employers are taking out a private prosecution against me. I have just recived a letter inviting me to a management lead fact finding investigation. They have already carried out a joint investigation with the anti fraud & corruption team & the police ( I was interviewd for a total of 15 hours under arrest in a police station) who dropped the case 'NFA'. I have been suspended since Dec 12 2014. The private prosecution trail has been schedual for June 2015.
My question is - can they interview me & the witnesses that I will be calling to court as part of my defence case in an internal management lead investigation at the same time as a private prosecution, I am worried that being interviewed again internally will undermine my defence in court or leave me open/vulnerable in the criminal proceedings?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

In what way are you concerned that this may undermine your defence please?
Customer: replied 2 years ago.
I will be defending myself in an internal lead investigation before the criminal trial, therefore my prosecutors who are also my employers will have heard my defence case & have been able to interview my defence witnesses before the trial is heard in crown court. Also my employers have already decided that I am guilty Hence privately prosecuting me (which is unprecedented action within this LA) therefore any internal investigation will not be fair as they have already made there minds up that I am guilty. They will also be privy to my defence case and defence witnesses before the case is heard crown court, this does not seem fair to me?

Thank you
Expert:  Jo C. replied 2 years ago.
But you would have to disclose that information anyway? I presume this hasn't been to the Magistrates Court yet?

I see you haven't yet left feedback for two previous answers so I would be grateful if you could do that now.
Customer: replied 2 years ago.
Yes it has already been to the magistrates court, I asked for the case to be transferred to crown court trial by jury.

I have a defence case that will be exposing some serious financial mis management, in effective management, and a catalogue of victimisation, bullying & harassment. I want this to come out in court so that I am able to defend myself in front of a jury. I want a fair hearing in the crown court and I am frightened that if they all ready know my defence case inside out this will not happen. I also want a fair internal lead investigation and the very fact that they have taken this unprecedented course of action against me means that this will not happen?

You have asked me to feedback on the 2 previous answers how do I do that?

Thank yoy
Expert:  Jo C. replied 2 years ago.
At the Magistrates Court, you would have been asked what the issues were?

Or it would have been adjourned for a PCMH hearing at the Crown if you elected?

You just go back to the questions and leave feedback. I never use the site from your side so I am not sure what you are seeing. I know there were lots of problems with customers being unable to do that for a while!

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