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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think this is unfair .guilty until proven innocent ?

74 replies

indyindie · 16/09/2014 21:45

Long story but will summarise dh was charged with Assualt and is due in court in a few months time.
He allegedly punched a man.
The man was our neighbour .
The neighbour had lived here for just under a year , he is an alcoholic and regularly beat his partner ( we called the police on multiple occasions ).
Neighbour didn't appreciate us doing so . He would stand at his door (bottom floor in block flats) and watch your every move , aswell as play music stupidly loud with door wide open. All this was annoying but we and other neighbours just kept complaining until a day dh was cutting the grass with dd , dd came upstairs to get a drink then went back down to go to garden the "neighbour" came out his flat and locked the back door and wouldn't open it . This will sound terrible but we have no idea how long for I was feeding and dh was cutting grass no more than 5 minutes but still long enough to scare the life out of us. He suddenly opened door and let her out when I started walking down the stairs to see what had kept her. She was terrified she has asd . He then locked door again with dh and dd outside.
dh wasn't happy at all and wanted to call police I wish to god I had let him. Dd said he just stood there staring at her nothing else thankfully but it creeped us out.
I put it down to being annoyed at lawn mower and wanting to annoy dh.
A few days later we are chatting with another neighbour and he comes out to watch as always. dh says he better not pull any stunt like that again or he will call police. Neighbour tries to attack dh , dh is holding our then 6 week old :(.
A week later dh is out after his friends birthday drinks on way home he bumps into neighbour ,his friend , and his partner few words are exchanged and once again neighbour tries to punch dh . dh grabs him and they both fall . Dh admits he kicked him in the bum which of course he shouldn't have . Neighbour and his partner are claiming dh attacked him.
police came an hour later took dh away with no money phone etc charged him and kept him overnight. next morning he had over an hours walk home. They at no point asked what had happened or let dh tell them.

We are both worried sick he has been treated as if he is guilty so much for innocent until proven guilty .
Its affected his job and every aspect of our lives.
I never thought I'd be worrying about something like this is he likely to go to jail ? even a conviction makes me feel sick .

OP posts:
OraProNobis · 16/09/2014 21:48

Has he engaged the services of a solicitor?

ihatethecold · 16/09/2014 21:56

He won't go to jail.
Speak to a solicitor.

Ticktockblock · 16/09/2014 22:00

I'd be getting your solicitor to get some witness statements from your other neighbours. About this mans previous behaviour towards you all.

picnicbasketcase · 16/09/2014 22:00

Who have you reported his behaviour to in the past? Is there a record of all the harassment you've suffered from him? It might help prove that he's done this maliciously as payback for your complaints.

CharlieSoddingRascal · 16/09/2014 22:37

That's not right, surely he was interviewed under caution and given the opportunity to consult the duty solicitor whilst he was at the police station?

I've changed jobs now but I thought that the police could not proceed to prosecution without charging him and to charge him they would have had to interview him? The whole point is to allow his side of the story to be heard and investigated before the CPS decide if the case can be prosecuted.

He needs to instruct a solicitor immediately if this is correct as there has been a serious abuse of process.

indyindie · 16/09/2014 22:39

He has seen a solicitor she said it is self defence and will be ok but of course gave us worse case scenario.

Neighbour s are more than happy to give statements so that's something we will definitely be doing .He threatened a workman who was fixing something in his home as well and hopefully we can get him to give statement .

OP posts:
CharlieSoddingRascal · 16/09/2014 22:43

Actually your OP states he was charged, what did he answer to the charge caution (you do not have to say anything, but it may harm your defence if you do not mention now something which you may later rely on in court)? What happened at the police station? Why did they arrest him and not interview him on tape?

Sorry but something is not adding up, the police don't get to decide what goes to court, the CPS does and they would not touch this case if the facts of your OP are true.

indyindie · 16/09/2014 22:44

No interview was given Charlie it was over a month ago now . We has no idea what was going on they didn't tell him he was charged or what with . We had to get the solicitor to find out what was going on.
The reason I'm posting now is we have heard when court date is . We where hoping it wouldn't have been took this far. He hasn't had a chance to give his side at all he was repeatedly told he can" give his side in court" .its madness.

OP posts:
indyindie · 16/09/2014 22:48

He was took to police station put in a cell ,he recalls something being mentioned about assault but wasn't read his rights. He was let out next morning with no explanation on anything. He wasn't asked what happened at all. We thought he hadn't been charged we had to call solicitor to get her to find out what was going on.

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indyindie · 16/09/2014 22:50

The annoying thing about all this is that if dh had been able to give his side of events I don't think cps would have pursued it.

OP posts:
CharlieSoddingRascal · 16/09/2014 22:54

Your husband needs to get a semi competent solicitor then and find out why no formal interview took place. Whilst strictly speaking the law does not explicitly require an interview that is more for prosecutions by departments such as the DWP who have no powers of arrest, they are still expected to give the suspect every opportunity though. The police are pretty much required to at all times. They had him at the police station so they had no grounds not to interview him. Even he most barely competent criminal solicitor would have picked up on this and gone down that road first.

BTW he must have known he was charged, to charge someone a charge sheet is read out and the suspect has to sign it.

Primafacie · 16/09/2014 22:59

First of all, your DH is not guilty at the moment: he is charged. So your title is wrong.

Secondly, how exactly was kicking your neighbour in the ass an act of self defence? If he had his backside to your DH, then he wasn't attacking him, was he?

Your neighbour sounds awful. You should have reported him earlier, but you didn't. Your DH sounds like he was drunk and itching for a fight.

CharlieSoddingRascal · 16/09/2014 22:59

He was told he will have the opportunity to "give his side in court" that is not even remotely correct. You give your side at the interview and the police investigate if needs be, the case is then passed to the CPS who decide if the matter can be prosecuted, if so suspect is then formally charged and off it goes.

CPS would not touch this case with a shitty stick if he had not been allowed to give his side of the story.

I've been out of the investigation world a few years but a quick check of PACE shows the rules haven't been dramatically altered.

indyindie · 16/09/2014 23:03

He had to sign a charge sheet a few days after the incident the police arrived at our house at dinner time to get him to do this.
It just seems so messed up . We choose first solicitor we could find just to find out answers we will definitely look for better one.

OP posts:
CharlieSoddingRascal · 16/09/2014 23:05

So he did know he had been charged then?

indyindie · 16/09/2014 23:06

primaface dh was wrong to kick him he knows that but at that moment he was angry and felt threatened bare in mind neighbours friend was present . He wasn't itching for a fight he has never been in trouble before and is most non violent person I know. But your right should have reported him sooner.

OP posts:
indyindie · 16/09/2014 23:07

yes but only days after he was arrested and after we had contacted solicitor to find out . Until they came to the door we where in limbo.

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indyindie · 16/09/2014 23:09

aggh I see I said in opening post he was charged that night . That was a mistake he wasn't charged until 3 days after at home.

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indyindie · 16/09/2014 23:11

We are in Scotland is the law the same Charlie ? if so something has went wrong as dh has not been asked or given a chance to speak.

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trufflehunterthebadger · 16/09/2014 23:16

police came an hour later took dh away with no money phone etc charged him and kept him overnight. next morning he had over an hours walk home. They at no point asked what had happened or let dh tell them.

Presumably you are not in England/wales ? This would be a massive breach of PACE and there is absolutely no way on earth that someone would be charged without being interviewed. It just would not happen.

indyindie · 16/09/2014 23:18

Scotland truffle Sad

OP posts:
trufflehunterthebadger · 16/09/2014 23:18

Sorry, cross post

CharlieSoddingRascal · 16/09/2014 23:21

Scotland does have different rules that can be quite complex, interviews are not as central to the procedure but as I understand it still pretty fundamental to the evidence gathering process as it can potentially clear up a matter immediately. He needs to sit down with a solicitor and go through all the rules of the law and ensure he was treated fairly and justly by Scotland's rules.

CharlieSoddingRascal · 16/09/2014 23:27

www.adviceguide.org.uk/scotland/law_s/law_legal_system_s/law_police_s/police_powers_scotland.htm

Some brief guidance here on the basic rules they must follow.

indyindie · 16/09/2014 23:36

Thanks Charlie had a quick skim and its very interesting, will have a proper read tomorrow with dh and get solicitor appointment asap.

OP posts: