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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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I am in Scotland, and was recently convicted of a crime I

Customer Question

I am in Scotland, and was recently convicted of a crime I did NOT commit. There was no evidence with which to convict me. At the age of 51, this is the first time I have been in trouble with the Police. During my Trial my solicitor submitted a Court document which stated it was agreed that a medical professionals conclusion that a blood clot which my mother suffered days after I left the scene was consistent with being beaten about the head with an instrument such as a walking stick. I never touched my mother other than to hit her gently on the head with an open palm. It was stated in the Court document that it was agreed as FACT that this blood clot was consistent with my mother being beaten using something like a walking stick. I stress I did NOT do this.
Could you give me advice as to whether or not the Court document should have been lodged with this wording, or whether it was done simply in order to increase the chances of gaining a conviction?
I look forward to receiving your response and thank you for your assistance.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

The difficulty with agreeing this evidence is that presumably the medic didn't appear in court to give evidence and so could not have been asked the obvious question: what else was consistent with such a blood clot, e.g., a fall or other accidental blow to the head? I don't know anything about your case and the circumstances whereby that evidence was agreed but your specific instructions should have been sought about this. I'm not sure that I would have agreed this from your narrative. You may want to seek an explanation from your solicitor directly as there may be a reason. I just don't see it from the information you have given. I hope that gives you a way forward. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
Thank you for that. I was never asked whether I agreed to that wording or not, and I never asked how they were going to word the document. It made me nervous when it was read out in Court, because I felt it gave the impression that my Solicitor believed I was guilty, which I am not. Also, with regard to that medical expert, by the time of the Trial he had moved to New Zealand. They were going to fly him back to Scotland, but felt it was too expensive. I suggested a video link, but was told he would have to give evidence in the middle of the night. Do you think my solicitor by wording the document that way was saying he thought I committed the assault?
Expert:  JGM replied 1 year ago.

I really don't think he could as he proceeded to take the case to trial. It is a strange situation.