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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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My ex girlfriend has made some allegations that we have decided

Customer Question

My ex girlfriend has made some allegations that we have decided to resolve without the police and she has told them that this is the case but they insist they need to speak to me and I am no longer even in the country. Can she ask the police officer in charge to just so the investigation or should I tell them we will resolve the matter
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified solicitor.
What was the incident and whose property was damaged?
If it was only involving you and your girlfriend and it was her property that she damaged - it would be for her to pursue the matter. If she decides not to take it further or not to give a statement then the police will not have a choice and will not charge you. However, it would be for your girlfriend to inform the police as she made the allegations. However, if you do attend the police statement to speak to them, then they may arrest you and bail you pending further enquiries. This does not mean you are charged. It means that they need to carry out further investigations before deciding if there is any prospect of charging you.
Please let me know if you have any further questions.
Expert:  Jo C. replied 1 year ago.
I'm very sorry but the answer above is wrong. On no account follow the advice above. It will lead to you being charged. What is the nature of the damage please?
Expert:  Jo C. replied 1 year ago.
Also has she made a statement?Are you confident she won't give evidence?
Expert:  Jo C. replied 1 year ago.
And has she any history of doing this?
Customer: replied 1 year ago.
Hi. It was her property that was damaged but we have agreed to resolve the matter outside of court and she has given a statement but has subsequently gone back to the officer to ask them not to peruse the matter and I will get the damage fixed. They keep telling her they need to speak to me even though she has gone back to ask them to drop the case
Expert:  Jo C. replied 1 year ago.
Yes, you may have done but the police won't allow that.
Expert:  Jo C. replied 1 year ago.
The trouble is that she has wasted their time and, in fairness, they can't allow that.
Customer: replied 1 year ago.
They won't allow what?
Expert:  Jo C. replied 1 year ago.
Are you confident she won't give evidence? They will summons her
Expert:  Jo C. replied 1 year ago.
Her to withdraw. She has made an allegation. Can't just withdraw it because she has thought better of it. They will summons her.
Expert:  Jo C. replied 1 year ago.
But you can still contest this. I'm just making the point it won't go away because she tells them that she's no longer interested.
Customer: replied 1 year ago.
She was the one who made the original allegation. Can't she just withdraw and can I just say no comment if they demand to speak to me
Expert:  Jo C. replied 1 year ago.
No, she cna't do that. She can tell them she is no longer interested. I wouldn't suggest it because they will just summons her. Better not to tell them.
Expert:  Jo C. replied 1 year ago.
What I need to know is whether you are confident that she won't give evidence. They will summons her.
Customer: replied 1 year ago.
She probably will if she is summons because she is scared of the police
Customer: replied 1 year ago.
So what is the best solution as we have decided to resolve the matter ourselves
Expert:  Jo C. replied 1 year ago.
well, shame that didn't stop her calling them! What was the damage?
Expert:  Jo C. replied 1 year ago.
The best solution would have been for her not to cause all of this. We are just dealing in damage limitation sadly.
Customer: replied 1 year ago.
Some damage to a wall that I have told her I will pay for and she has said fine
Expert:  Jo C. replied 1 year ago.
Is she the property owner or is it a council property?
Expert:  Jo C. replied 1 year ago.
Did you actually damage a wall intentionally or was it an accident?
Customer: replied 1 year ago.
She has tented the property from a person who owns it
Expert:  Jo C. replied 1 year ago.
Ok. She isn't even the victim.
Expert:  Jo C. replied 1 year ago.
The victim is the owner who is the landlord. He cannot say how the damage was caused without her evidence though.
Customer: replied 1 year ago.
I am not even in the country any more. They don't have evidence that I have even done it as she didn't even see me do it
Expert:  Jo C. replied 1 year ago.
The simple answer here is that this won't go away. She can't just retract. You may as well make an appointment to see them. It is fair to say they are not going to arrest you abroad but if you intend to come back it will resurface.
Expert:  Jo C. replied 1 year ago.
It isn't that simple Im afraid. You have various options. One is to make a no comment interview. They may charge you and summons her but if she doesn't turn up to give evidence that is going to collapse. But it is protracted.
Expert:  Jo C. replied 1 year ago.
They would probably offer a cation if you admitted the offence but I would never advise accepting a caution unless the evidence is overwhelming.
Customer: replied 1 year ago.
It's basically her word against mine in terms of evidence
Expert:  Jo C. replied 1 year ago.
In terms of her not seeing it, that might be useful. It depends. You can't deny it obviously as that would not be true. It is t her word against your s for that reason and anyway magistrates would probably believe her. The magistrates court are not a fair tribunal Im afraid.
Expert:  Jo C. replied 1 year ago.
Either way, you accept causing the damage so can't say you didn't.
Expert:  Jo C. replied 1 year ago.
Also, if you are the only other person in the house and she says it wasn't her then that is as good as saying it was you.
Customer: replied 1 year ago.
And if I never intend to go back to the UK?
Expert:  Jo C. replied 1 year ago.
But you can put them to proof ethically and of she is not interested it might be worth it.
Expert:  Jo C. replied 1 year ago.
Which country are you in?
Customer: replied 1 year ago.
I don't live with her and never have
Customer: replied 1 year ago.
In South Africa
Expert:  Jo C. replied 1 year ago.
they are not going to arrest you there for a low level criminal damage. I can't guarantee what could happen in the future but it is very unlikely.
Expert:  Jo C. replied 1 year ago.
The issue would be if you came back.
Customer: replied 1 year ago.
I don't think I will. If that is the case would it be worth just having a chat with the officer over the phone and if she starts the interrogation to plead no comment?
Expert:  Jo C. replied 1 year ago.
She shouldn't question you over the phone. There are restrictions on where officers can do that. You don't have to make contact at all. It would be courteous to do so but there is a risk she will put pressure on you. Nobody has to attend a police station voluntarily though so you are perfectly free to refuse and invite them to come and arrest you.
Expert:  Jo C. replied 1 year ago.
Which will not happen here. I'm happy to continue with this but please rate my answer.
Customer: replied 1 year ago.
My phone won't let me so I will say here that I rate your service ad very good or 4/5
Expert:  Jo C. replied 1 year ago.
Don't worry. We can sort that out at our end. Is there anything else you wanted to know?
Customer: replied 1 year ago.
That's all thank you very much
Expert:  Jo C. replied 1 year ago.
No problem. I will be around if this raises again. The officer won't be happy about dumping this because it will count against her as it is not a charge or a caution so she probably will keep making contact. Plain fact remains, she isn't going to get an arrest warrant in South Africa
Customer: replied 1 year ago.
If I get the damage repaired, if I do go back to the UK one day will that count in my favour?
Customer: replied 1 year ago.
And can she tell the officer that she won't be giving evidence if sommons
Expert:  Jo C. replied 1 year ago.
From the point of view of mitigation it would but it won't change the fact that they could still charge. They don't always but dealing in worst case scenario. Nobody can force a person to give evidence ultimately. There are offences in being unhelpful that are never prosecuted but they do exist. They intimidate some people into giving evidence and not others. Sadly, it has the greatest impact on the law abiding. Experienced accusers with a long history of summonsing up te police to personal disputes know exactly how far the crown will go.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience: Over 5 years in practice
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Customer: replied 1 year ago.
Thank you so much for continuous answers. I have concluded that the best option is to try to get to get the police to close the case as they know I am here and she won't give evidence ( however reluctant they will be) and to then proceed with repairing the wall. Everyone wins (even the police in a weird way) as justice is served.
Expert:  Jo C. replied 1 year ago.
No problem.
Don't tell them she won't give evidence or that you have been in contact with her.
In fact, best not have contact with them. Too many risks.