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Legal matters

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Would you advise pursuing action when you don't know?

2 replies

NotsoObvious · 16/10/2022 14:57

REALLY SORRY THAT THIS IS LONG.

Apologies for the confusing title but I'm trying to not put too outing of a title.
I had a thread recently (last week) where some of you gave some advice in a bit of a vacuum of information. My username for this thread is a version of the username I used at the time.

@Elleherd @RumpoleoftheBaileys @yesnoormaybe gave good advice and I've name changed to attempt to elude detection if anyone AS's me.

The outcome was positive but the case was set aside with the only justification being that I was 'regrettably charged and prosecuted under the wrong legislation'. It does not prove my innocence.

I had 3 different solicitor firms represent me (all LA). Duty solicitors during custody and plea hearing, different firm for sentencing hearing and different firm for application to re-open in order to set aside the conviction.

I believe that what got this case set aside was me asking for evidence in order to appeal the conviction (I was doing this on my own as no firm would touch it).
I am about 99.9% sure that the CPS are not benevolent overseers of justice who do due diligence 3 months after a conviction. I believe that the path of least resistance for them was to quash the case rather than to provide me with the secondary disclosure evidence they would have had to provide it in the event of me appealing the conviction.

I am 99% sure that that secondary disclosure would have proven my innocence but would also have shown corruption within the police in terms of their statements, my arrest, my treatment etc..

Now, my question is this. Would you leave well enough alone?

Would you just let sleeping dogs lie?
Have I any right now to all the evidence submitted against me (only 1 piece of evidence was ever shown to me)?
Given that the conviction has been quashed, can I ever even see the evidence submitted?

I have a lot on my mind and fighting a losing battle is not something I want to engage in. However, injustice terrifies me so this will remain with me, no matter what I do.

Advice from anyone?

I know that I didn't do what I was convicted of. I know with more certainty, that it would have been a physical impossibility for me to have done what I was convicted of. I know that I was denied a lot of rights in custody. I know that my life was in danger in custody (medical reasons). I know that the transcript of the police interview is not accurate (I gave a n/c interview, but stopped the interview at a certain point to consult with the IDIOT representing me as nothing showed anything like what I was accused of. After that they changed tack a little so the last part of the interview has questions which they DID NOT ask me, but which may have been the questions they intended to ask). It appears that the only evidence provided to the CPS was this inaccurate transcript of the police interview and the statements.

OP posts:
NotsoObvious · 16/10/2022 15:03

Oh and I'm asking here because it is not a case that legal firms are willing to take on on a legal aid basis, so I would have to do it myself. I am worried however about repercussions if I do pursue this.

OP posts:
NotsoObvious · 16/10/2022 15:16

I can't prove that the transcription of the interview was incorrect without receiving the actual recording of it - CPS did not receive it and won't provide it.
I can't prove that I didn't do it, without receiving the footage from one witness - it was submitted as evidence but not used as evidence against me (as sure as I can be that it proves my innocence unequivocally).
They won't give me anything. I've tried. Instead of giving it to me, they applied to quash the conviction I'm happy that I no longer have a criminal record, but the injustice and corruption is something else.

OP posts:
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