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He has been formally charged and pleaded guilty to common assault there is a newton hearing on tuesday 29/10, we have been asked to go as witnesses, to decide whether he threw the wine bottle at me (prosecution) or at the floor (defence)
I have my withdrawn statement
I do not want to appear as a witness and I have withdrawn my statement
But I don't know which is the best approach
For Jo C.
But I don't know which is the best approach he did throw the wine bottle in the general direction of me softly, it was with no force it was more of a "Stop this woman shouting at me" he was that drunk he didn't know what he was doing he has now received counselling for his drinking and realises he was blacking out and loosing control. His is not violent person, quite easy going. His statement is he threw it on the floor, I don't understand how I can be called at a newton trial when I've withdrawn my statement. At no time do I feel threatened by him, on the other side of the coin I know it shouldn't make a difference but I am not a tiny woman and he is very tall, I think they seem to have this impression he is quite violent battering a little woman when I am extremely confident, forth right and can defend myself. Totally lost my faith in the CPS, its like the woman who swallowed a fly
2nd time, he received a police caution for throwing a wine bottle which cut my cheek
For Jo C.
I thought so. So just to confirm, if I do not show up they will have to accept his version of events that there was no wine bottle thrown, only "discarded on the floor" and sentence on a thrown pizza for common assault?
In mitigation, however, is it better I am there to say he is reformed character and would it make any difference?
Also a criminal lawyer has indicated due to the fact he pleaded guilty to get out of custody, this was undue pressure, he has no knowledge of english law and made statements without legal representation as he didn't realise the seriousness of what was happening, how can we best represent this?
OK to confirm:
If I do not show up they will have to accept his version of events that there was no wine bottle thrown, only "discarded on the floor" and sentence on a thrown pizza for common assault?
Thanks - I have had a call from witness protection but no official paper summons, if I had been summoned would I have received paperwork? Is there a way for me to find out if I have been summoned i.e. ringing the listings office at the court?
The newton hearing is tuesday, so they don't seem organised enough