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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71130
Experience:  Over 5 years in practice.
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I have already asked a question about my defences of an

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Hi,I have already asked a question about my defences of an upcoming trial in which i will be representing myself in can i ask some questions regarding evidence and admissibility. also i have a question about a dvd recording of a police interview about the alleged offences. its regarding section 2a harassment (stalking)
Yes, go on?
Customer: replied 2 years ago.
ok so the first is that it has been dressed up that i was pursuing a new relationship my ex partner had made. so1) according to the initial prosecution case the relationship finished july/august 2015, ii have a video recording in august of us talking about moving together, my birthday was on the 21st august and i have a card saying that i was loved ect. the video recording was on a laptop and the sound isnt great. i want to provide a transcript of this video, can i type this myself? also there is no date and time stamp on the video but i if you go into the properties it shows when the video was created. the birthday card was given to me on the 21st august, way after the relationship allegedly broke up. although it doesnt show anything other than a page from a card (as i ripped it up in anger) can this be admissible. the problem is when my ex gave a statement to the police his new partner was present also, who also i have been accused of stalking. so naturally my ex partner would say hes also been in a relationship with me in front of him as it will make him look bad and his new relationship would fail, im going to argue a contamination of evidence here as the two witnesses are being interviewed point i want to make to the court is that this relationship was causing me severe mental torture from about may 2015 which is also recorded on a phone conversation, i told the psychologist about all the issues in the relationship and i was dealing wiht being cheated on constantly, it came to a point where i decided for my job and my own health to confront this imorral behaviour and because i wanted to contact the other person involved a drove to his address and waited for him, i was desperate to get any information and to tell him to back away from what i thought was an ongoing relationship.i need to prove that i was in a relationship but i want to admit the evidence right, do i need to send the evidence to the cps before the trial or can i adduce it on trial with no notice? second to that once i have proved that i thought i was in a relationship i then want to prove that my action where reasonable in that situation because if i didn't confront the situation face on i would of lost my job and everything, i was sectioned many times because of all this. all i did was confront his bad behavior, is that really unreasonable?oh and the last thing is on the interview dvd they are obviously date and time stamped and i have been looking at that and at the begining and at the end of the dvd interview the officer gives the complete incorrect time shown by over an hour, also its not correct in the transcript provided either, could that be any weight on an argument? because obviously if the exact time and date of this interview cant be established then how accurate and reliable is the evidence
So, in short, you have evidence of her behaving in a way that is not consistent with her allegation?
Customer: replied 2 years ago.
yes, but not given to the prosecution yet, i also said from the beginning in the initial interview for police to look at text messages, they say a whole different thing to whats been put forward, i have learnt it takes a second to speak a lie but lots of money and hard work to prove it wrong. im thinking if i supply the evidence sooner rather than later it may prompt a more thorough review from cps. i need to get this bit right it proving a relationship existed and i was lied yet again and all i did was confront her behavior, i didn't pursue a newly formed relationship as stated, she at this time was with the other guy too so she doesn't want to incriminate herself and become publicly a cheat obviously for her reputation.
What are you charged with ?
Customer: replied 2 years ago.
theft (of 2 phones) old phones, when i moved out i packed everything with the help of my partner into my car and everything was in there, we lived together and i used the phones when mine broke, i didnt even know they was in my boot until the police found them, she just said she didnt give me permission for me to take them. i would of returned them if i knew they where there.the stalking is the more serious. 2a without violence of her and her new partnersome of the accusations are crazy, they have lost one pages of the witness statement so the only thing i have served a defense statement on is the initial details of the prosecution case, there was an adjournment in January to obtain this missing evidence but still nothing, i have had no disclosure of any material they will rely on and have asked for all un used materials so im just waiting holding down a good job, no previous convictions , no previous harassment warnings, i have had to take out a non-molestation order is i WAS being invited to breach bail conditions from her, im refraining from doing this so i thought that was necaserry to protect myself.its the evidence part im more concerned with, i have even taken two weeks of work to go a sit in courts and try and work things out abit, i have bought bar manuals and everything because surely i cant be guilty of stalking in them circumstances, i understand if i pursued a newly formed relationship and i was jealous as made out but no this isnt the case.
Ok. So what is the charge?
Customer: replied 2 years ago.
section 2A harassment x 2
Ok. What are the particulars? It will be on your charge sheet?
Customer: replied 2 years ago.
wording as followed;1) between 01/08/2015 and 26/10/2015 within the jurisdiction of the central criminal court, pursued a course of conduct which amounted to stalking of REED and which you knew or ought to have known amounted to the harassment of them in that you diverted her personal mobile phone to your own email address to assist you in your stalking of REED; you followed, located and intimidated REED in Brighton on dates in august to try to break up her new relationship and you have constantly texted, and called her by phone to continue your stalking and harassing behaviour towards her CONTRARY TO SECTION 1A (1) AND (4) OF THE PROTECTION FROM HARASSMENT ACT 1997 –I have notice with the above they haven’t used the incident where I actually followed him which is odd, so would that mean the incident they haven’t included can’t be used as part of the course of conduct? The phone diversion is what I discussed on my previous post, its simply impossible and I don’t understand where that came from. I have asked the police in my defence statements to take control of that email account to prove that nothing was ever diverted there but the cps never respond so if they haven’t acted on anything I have said at trial then I will be furious. The Brighton incident is the day after I caught my partner cheating, she told me by text she was in London, my habit back then was to spend lots of time in my car on the seafront, shamefully drinking and feeling sorry for myself. I drove down the coast that night thinking my ex was going to return home and I wanted to have some space. As I went to drive out of Brighton which by the way is some 30 miles away which does seem more than a coincidence I drove along the MAIN road out of Brighton and she was the side of the road having a cigarette, I couldn’t believe my eyes but at that second I didn’t realise what was going on, its only when I approached her I knew for the second time in 24 hours she was with another man, a different one that she is with to this day. I was sectioned after that as it was too much for me to deal with, it went round in another circle, intimacy still occurred, she was sorry and bought me gifts for my birthday, I have part of the card but it just doesn’t prove when it was written. Me again thinking I was still in a relationship with her confronted this SCOTT to tell him to back off from our relationship, I didn’t threaten to assault him but I was simply trying to get answers, it was costing me my health and nearly my job. Although I was in Brighton my default maybe what they are trying to say is that even because I saw her I shouldn’t of approached her, but I thought at the time the relationship was still ongoing, I have evidence to suggest that so approaching someone cheating cannot be unreasonable, I was signed off work for months prior to this which shows the extent of the mental abuse that I couldn’t escape. With the Brighton incident in mind I get it if she was not on a main road but she was on the main coastal road out of Brighton. I have spoken from the initial police interview, and back then I didn’t know the law at all but surely that’s reasonable? My ex has told police we finished and I pursued the new relationship, it simply not true. I caught her with another guy whilst she was supposed to me with me and she was also supposed to be with SANKEY. I don’t understand that since the start in interview I told them to look at the phone conversations, they have failed that, can this be bought up in court?2) ) between 01/08/2015 and 26/10/2015 within the jurisdiction of the central criminal court, pursued a course of conduct which amounted to stalking of MR SCOTT SANKEY and which you knew or ought to have known amounted to the harassment of him in that you have contacted him on various occasions by phone in both text and phone call contact threatening to hurt, assault and intimidate him, you have also attended Mr SANKEYS parents address in Eastgrinsted and then followed Mr SANKEY in your car in efforts to further intimidate, threaten and harass him CONTRARY TO SECTION 1A (1) AND (4) OF THE PROTECTION FROM HARASSMENT ACT 1997 –I did send messages and try to find him to ask what he hell was going on, I didn’t plan to locate him however I was in the area any way so decided to try and approach him to try and obtain information as to what the hell was going on, no one would tell me anything and I was desperate to get answers, I finally started fighting back from this mental abuse and bad immoral behaviour and I have been punished for it. I understand that if a newly formed relationship happened and I pursued that but when the police told me the relationship status it all stopped, I accepted it, obviously quite angry that it had to take all of that rather than just telling me straight.I just want to make sure I don't get vital evidence chucked out
Customer: replied 2 years ago.
Could I type the transcript myself or do I have to outsource it ?
How many messages roughly and was she responding?
Customer: replied 2 years ago.
well it was constant between me and my partner, sometime i would call and text more and sometime they wouldwith regards ***** ***** i sent him about 3/4 messages, he replied 'ok' everytime.
Well, he should be running for the hills. She will be making allegations against him in due course. Do you think you sent her more messages than she sent you?
Customer: replied 2 years ago.
yeah possibly especially on the night when she didn't show up to meet me as agreed. part of the point im trying to make is that the prosecution haven't disclosed anything, but i think the issue here rather than number of texts is the contents. i get it if she was saying go away and that but even when i caught her out that night she invited me for a drink and said hes a friend, and it was another cover up. i have just got a legal secretary to type up a transcript of the video today because it shows allot. its getting so stressful the the cps have only provided the inital pros case and nothing further, im going to leave it quite and probably bring it up at trial but even then would that argument run?
No, but that is quite common with CPS.Why aren't you represented?
Customer: replied 2 years ago.
LAA made a mistake in calculations, and i simply cannot afford the fees.Do you think my argument is reasonable? or was i acting unreasonable and i just didn't know it? i think i need to prove that the relationship existed for that to stand any chance, and even then it needs to be a course of conduct, do i need to provide the prosecution with evince i will adduce? and how do i bring it up in court if i cant cross examine the witness? also there is a video she sent me in august 'apparently after the relationship' had finished of her performing a sex act, this has to show that this person is not a victim of harassment surely, but simply a person who has been caught out.? can i adduce that video even though i don't really want to, i thin the more i present prior the more they will get an idea of the lies.
It depends really on the minutia. If she is acting in a way that is encouraging you then that does certainly weaken the allegations. It isn't really whether the relationship existed per se but whether or not there was contact that was encouraging from her.If you are saying that she was responding though then don't you need access to her phone records?
If you are self representing then they will appoint a part 36 advocate to do the cross examination.You don't have to disclose everything to the Crown but you do have to disclose some things. It depends.
I would certainly use the video. You don't have to disclose that although you will have to show it to them before the hearing.This is being tried in the Crown Court ?
Customer: replied 2 years ago.
no, apparently because its only 2A it magistrates only, but the charge wording also says section 4, at the case management i asked to change mode of trial and they said it can be only tried at the magistrates but i don't understand why it says (2a) then (4) next to it. so if it can b tried in the crown i wont be happy with them. also should witnesses be giving statments together, surely that contamination at its worst?
Customer: replied 2 years ago.
also when proving when a video was made hows the best way to go about doing that, i mean i can simply right click and it gives a date but the court might laugh that out, i can see why some cases cost thousands now,
No, they shouldn't be giving statements together. I would cross examine on that point if the defence is to be collusion.How was the video made?
Customer: replied 2 years ago.
the video was recorded on a webcam of my older laptop, if you right click and go into properties you can view that but im not sure that's enough, i have requested a forensic computer company can produce a small report to confirm dates of this video. and all though its only a small detail it builds up to the bigger picture here. obviously due to the nature of the material i have to be very careful so i don't want to face myself with further charges, the last thing i want to be doing is finding evidence to prove my ex as a liar but i have no choice. i.m reading some bar manuals that help but its just too much with too little time so i want to ensure i get the basics right. i'm even concerned that they might just find anything to find me guilty and let the crown on appeal deal with the details, that what i feel like might happen. but wheres the best place to try and find relevant case law ?
You can exhibit it if you made it.I think that if the video shows her in a voluntary meeting with you then that undermines her argument that she is being harassed.
Sorry, what does this video show?
Customer: replied 2 years ago.
bearing in mind the relationship was reported over in june/july there is two videos both recorded on the 9th august, one accidentally recorded on webcam that you can hear a conversation for some 30 mins, i have ordered a transcript of that because you can hear her saying we should get a place together, we discuss her behavior all on camera, its a golden nugget really.The second video i have to shamefully admit its a sex video, but the point to that is that is this really a victim of harassment? surely the courts will be able to see through this. again i haven't told one lie and then about 2 weeks later i got a birthday card and a bracelet from her. unfortunately where i ripped the birthday card up you can see partly what she wrote but you cant see when it was written. also if i submit such a video i dont want the court to think im trying to have the last laugh if that makes sense, i think there is good reason to adduce this to court because the whole argument relies on me acting reasonable in those given circumstances and correct me if im wrong, if i can prove beyond a reasonable doubt that i thought i was in a relationship then surely my actions of trying to confront this metal torture and cheating is not unreasonable. and my argument mainly relies on acting within reason in the given situation. any reasonable person in my situation of being in love and commited, to nearly loosing your job, and having metal health treatment would want to sort the situation out. mr then partner obviously wasnt ging to sort it out so therfore to prevent further harm i had to find out what the hell was going on, it either that or ill be honest i would most likely be dead, i was suicidal. i have a recorded phone call im trying to obtain from a call to a physiologist of me explaining the relationship issues way before these problems as they are trying to say i became mentally unwell as a way to try and get her back, so im having to prove that this was long term suffering and all i was doing is reacting to bad behavior.'the wording is that i knew or ought to have know' i think with my evidence that element cant be proven
a defense is that ;acting reasonable within the circumstance' i don't know how wide of area that covers but i feel my actions where reasonable, i mean you see tv programmes where people catch partners cheating.what are your honest thoughts from what i have told you, do you think if i can prove that i thought the relationship was happening that my defence of reasonableness can uphold. i just need to word it right, speak slow a clear....i think
Did she consent to being filmed on the latter occasion?
Customer: replied 2 years ago.
yeah before, and she even looks at the camera. although it could be argued otherwise and most likely will. but even then its not illegally obtained evidence surely because at that moment there where no charges, it just proves that at least one part of the relationship still existed, next thing you will hear is i'm charged with voyeurism if she denies knowing anything about it which in all likely hood is she probably would, but to counter that the video was taken in my place, nothing was distributed. im thinking worst case scenario if she says she didnt consent. i think its important because i want to show that every element of the relationship existed, (text messages, love notes, presents, sex) to prove i wasn't chasing a new relationship as made out. we where together two years. with regards ***** ***** question on the interview dvd, the time code says completely different to what the officer said on dvd can that have any weight on admissibility?
I wouldn't start using this. She will only start alleging voyeurism
if that wasn't a risk then you could ask her whether she had been having sex with you and then when she denies play the video.There are restrictions upon this type of thing though even for a non sexual offence.I'm not sure what it really achieves.
Customer: replied 2 years ago.
hmmm interesting, problem is aswell family will be there so would they close the court to the public for that part?. ill be honest it doesn't achieve a great deal apart from the fact she lied about not being with me. the plan was to prove that every element of a relationship still existed at the time when she said it didn't e.g the birthday card, sex, intimacy and plans to move out together all caught on video which i had transcribed today. the prosecution are trying to say she only spoke to me because she was concerned about me, but they don't know about the sex video although i have mentioned it in my defense statement, and you don't start having sex with people because your concerned about them.maybe im really out of touch from this planet, but is this honestly that serious, i mean i know it goes past the custody threshold if found guilty but all i did was confront mental abuse in the relationship and that cannot be unreasonable. i get the whole chasing your ex thing but this isnt that, this is me thinking and rightly so that a relationship exisisted, i was fed up of lies and finiding things out so i decided to catch her in the act and that i did, i went for some time out the day after and caught her with a second man outside a club on a main road, she became sorry and its all a mistake i accepted that, then this bloke kept getting in the way, i didn't know weather they were together behind my back so when i was in the area i decided to wait for him to return hom from work after he didnt reply to my text messages, i would of hurt him but simply try and get answers. theres lots of evidence to show that this started way before its all alleged, i was putting up with this for months and there are recorded phone calls where i explain in private the situation. people can only deal with so much hurt and abuse. ill be honest if i didn't confront it i would be out of a job now, and very ill. that's how bad it got. but its down to th court to decide weather i acted reasonable or not, and that weather i could of foreseen that my actions would amount to harassment which i will argue not. whats your honest view on my defense is it abit thin? obviously i know being 30 miles away from the adress and still bumping into somone is a big coincidence but thats all it was, i dindnt deny i was in Brighton, i deny following or locating her, its almost like you driving past who you thought was your partner, seeing them with another partner and confronting the situation.
Customer: replied 2 years ago.
based on what i have said do you think i acted unreasonable and do you think i should stick with the not guilty and fight this and bring up the issues of the unreliable dvd , the interview of two witnesses together contaminating evidence, adducing real evidence to discredit the witness and prosecution, asking why when i said in the inital interview look at the phone conversation why hasnt that relevant line of enquirery been made, why havent all avenues been pursued. i will show evidence that i was victim of my ex behaviour and i finally done the reasonable thing and confronted it, in a non violent way.
It depends really. It is not possible to assess that in this forum. I haven't had vision of the papers.Have you tried the Bar Pro Bono Unit? They tend not to take criminal cases but there is no reason they shouldn't.
Customer: replied 2 years ago.
Ok. Yes I have an application I'm sending of Monday but the trial is 4 weeks away. I only want them to cross examine and ill do the rest. The reason I don't want a duty on the day is that it s a. Fairly complex case and there are some important points that can't be left out so I want someone cross examine two wit ess only and ill do the rest. And take notes while they cross examine. I just think the court are expecting me to turn up and hear a case against me but it's something I'm fighting because I belive I have case.
Yes, but you will get a part 36 advocate to do that. If she is responding to your contact and then lying about it then that is the basis of a challenge. But it depends what you have been saying and what kind of volume is involved.
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