LunarSea....(I will try and explain what happened)
The case opened. I was then formerly asked to respond to the charges to which I said 'Not Guilty' and then the prosecution barrister gave a short speach summing up 'his' evidence and why I was guilty. After that followed 4 weeks of prosecution evidence. Witnesses and the the police interview tapes were played. My Barrister cross examined each witness and during this process it became apparent that something else happened that probably caused my childs condition. I did not know about this previously and you could have heard a 'pin drop' in the court as this disclosure was made and admitted by the doctor concerned, (not Meadow's). After the prosecution had finished presenting their evidence the jury left and 'legal submissions' were made. I did not understand much of what was said as I must confess I was in a state of 'shock' and it all seemed very sureal to me at the time. I think it is because I can not remember all that was said during the 'legal submissions' that I wondered myself as to whether this person was right and I 'got off on a technicality'.
What I do remember very clearly is the Judge asking the prosecution if they intended to persue the 'Child Cruelty' charge...to which the prosecution Barrister said that they had every intention of withdrawing. The Judge then formerly stated that the charge had been withdrawn. With regard to the other charge my Barrister stated that in his view it had been shown that an alternative explanation had been made apparent to account for my childs condition and that he felt that the prosecution had therefore not proven the charge against me. The Judge agreed.
The Jury was then brought back into the court and the Judge explained to them that in his view the case against me had not been proven and that the other charge had been withdrawn by the prosecution. He then looked at a man who was sat at the end of the front row of the Jury and said that he would be required to act as the foreman. He instructed the man to stand up and when asked by the court official as to whether I was guilty or not guilty he was instructed to say "not guilty", which he duly did. The Judge then told me that I was free to go.
That is what happened as clearly as I can put it without putting in any details that could identify me or my children.
The case did not take place in Scotland...so does this mean that I did only get off on a technicality?
I did ask the barrister afterwards and he said "no", and he added that he had every confidence that I would not need to 'put up a defence' once the real reason for my childs condition became apparent. I asked him why he had not told me of this before and he said that it was something that he never does in cases like mine, but that I had not committed a crime and therefore there was no need for me to defend myself.
In a way I wish that I had been able to give a defense and been able to 'tell my story' on the stand, because it would have meant a lot more to me to have been found innocent by a jury of my peers rather than on the view of a single Judge. I hope that this makes some sort of sense, but I do remember being scared and frightened for those 4 weeks and at one point even doubting my own sanity.
The verdict made front page news in the local newspaper and I remember everyone telling me I would get my children back now. I was sent flowers from people I did not even know and I guess I was in shock when the judge in the Civil case ruled against me as it had been nearly 2 years since the children had been removed from my care and it was said that this period of time was too long for the children to be rehabillitated with me.
However Meadow's did not give evidence for the prosecution in the criminal trial and MSBP was not mentioned. It only became an issue when I was found 'not guilty'.
Therefore did I get off on a technicality...I would really like to know how others view this. I know my Barrister said 'no' but then he would, wouldn't he?
Finally the only other bit off info I can give you is that the prosecution could not find anyone to prosecute me...it was not until 2 weeks before the trial started that they finally did and it took the CPS over 6 months to decide whether they were going to proceed with the prosecution. I was told afterwards that they felt that they had to because of the civil proceedings being delayed due to it...does this make sense to you because it does not really to me.
I am sorry this is long, but I have tried to be as open and honest with you as I can, but there are some parts of the civil case that I can not tell you about and I am sure that I will get into 'trouble' for telling you all as much as I have. But it has really made me wonder and I feel rather hurt that the one person that I would have thought would believe me after all these years still thinks that I am guilty and as I have already said 'got off on a technicality'.
Your knowledge of legal things is greater than mine, so I hope that this makes some sense and I am sorry for bothering you all with something that is well in the past. I wondered if this one person thinks this then is it true...or does it appear to others that I got off on a technicality?