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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience:  Over 5 years in practice
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Dear Sirs, In August this year following trial at crown

Customer Question

Dear Sirs,
In August this year following trial at crown court I have received a verdict of not guilty while being charged with ABH on minor (16 year old girl). Just before jury being sent to decide about the verdict judge decided to expand option of verdict to two counts ABH and or Common Assault. On both counts I have received verdict not guilty (tooks jury less than 10min to return with it).
Girl and her mother has made up story of me hitting her daughter as a result I have been charged with ABH (accused of braking girl's thumb while speaking over 6 foot long fence in our garden).Despite the fact there was no physical evidence of any injuries ( doctors statements sufficiently delivered that information on the night of the incident and police had easily access to this information) I have been charged with ABH and sent home under bail conditions.
As a result of further accusation by daughter's mother :of me attempting to contact them I have been arrested for breach of conditional bail spent 3 days in prison ,had to move out of my home for the period of 9 months and carfew has been put in place (from November 2013 till August 2014 over that period I had to pay rent for both accommodations). The whole experience of this false accusation has had traumatic impact on my life. I have been shocked to find that at Preminaraly hearing court didn't force prosecution to dropped the case and what it seemed at that point prosecution had merely any idea about files or case itself mumbling about evidence of ABH being on its way.
Trial which has been listed to happen in May 2014 didn't happen on that week and was relisted in August 2014, taking away from me another 3 months of my life and my right to get the justice. Police officers which where investigating the case didn't appear at the crown court to explain how they came to form the accusation of broken thumb....sending instead junior police officer to speak on behalf of them !!!!( and still no explanation been given)
To summarized I would like to know what I'm entitled to in regards ***** ***** of my life which has been taken away from me leaving me devastated and depressed. I had to leave my home lost my job and have fallen in to financial problems over that period. Can I claim any compensation based on the fact that the whole process could be stopped very early only if police have done their job properly followed by CPS fairly assessing evidence they had. I knew I will win the case once we can present and exposed lies made by my neighbor but I don't understand why it had to go so far and why I had to go through this horrible experience.
Regards
Miss Wioleta Anna Kaduk
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Neither CPS or the police owe defendants a duty of care. There is clear case law on the point.
Further you cannot claim compensation from CPS for their prosecutorial decisions. That has been settled law for some time.
The police are under a duty to investigate all avenues including those that point away from the suspect but you are not describing that here. You are just describing a weak allegation which they are free to prosecute and lose if they choose.
You can always sue in defamation the accusers.
You could take out a private prosecution for perverting the course of justice but that is very expensive and a high test.
If it is only one allegation then you cannot sue in harassment. If there are others then you should consider that as that is a more accessible action and there is case law in your favour.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you Jo for your replay.

What you have clerified to me It is extremely disappointing from my perspective as it did felt like a witch hunt without evidence and just for the sake of not looking to silly Prosecution pursued their course of action to find at trial they have nothing in terms of evidence to hold the case. You mentioned police having to investigate all the avenues ....well they didn't ( they visited the alleged victim day after incident and her return from hospital and charged me with ABH based on the fact that the girl told them she has broken thumb and she wrapped her hand in bandages ....doctor report was available clearly stating no fracture bruising or inflammation however those 2 police officers did not attempt to check that with hospital..I have to requested it myself, which I did with my solicitor)

So I guess I would have an option but it could be as you said expensive and lengthy process, where I have to think if I have enough energy to do so since memories of the past year are the worst in 31 years of my life.

Thank you again for your advice.

Wioleta

Expert:  Jo C. replied 2 years ago.
The trouble with that though is that would not have made the prosecution wrong in principle. It would have made the charge wrong but they could have amended it to common assault.
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your help. I feel injustice but I guess I will have to simply let it go and live my life without holding back as thinking about it won't make me any happier.

At least thanks to you I know that I would be wasting most likely my energy and it is time for me to move on.

Regards

Wioleta

Expert:  Jo C. replied 2 years ago.
Yes, the law does need to catch up on this point. There should be a consequence to making an unsubstantiated allegation.

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