Family and Friends Forum

Hi Rainbow,

my first response would be to say you’ll never know. There are so many variables that you couldn’t control in these situations. The choice of solicitor, barrister, Judge, jury members, their understanding and more likely misunderstandings of this crime, their deep rooted beliefs, their emotions....all make a difference to outcomes.

However the key in court would have been your husbands barrister. They represent him in a Crown Court, the solicitor doesn’t. They provide the Barrister with the documents he/she wants. They do the running around but the Barrister analyses the information and delivers their version in court. It is they that applies their expert analyses of the law to the information, not the solicitor. It’s a small comfort that your husband felt that they did their best.

I would refrain from looking back, thinking you could have had a better outcome, in the same way it could have been worse?

Give yourself a huge pat on the back for surviving it, you know you did your best.

Look forward to the future, your energy is needed there.

Jaded

I know how difficult it is being thrown into this, especially never having been involved in the legal system before. We had some knowledge from our jobs which was helpful in some ways and helped us prepare for the duplicitous behaviour of police and social services. We never, ever thought we’d be on the receiving end of it though.

My husband had legal aid too, he had to contribute to it though. I don’t honestly think we could have had a better outcome in court. The solicitor wasn’t particularly attentive once the Barrister was appointed, it seems to be the way often.

As far as expert reports go the facts of what’s on the computer can only be reported in one way, as in what’s there. It’s the interpretation of how stuff got there is the important thing. Don’t forget once it’s there it’s for the defence to have the burden of proof, to establish innocence. This reverse burden is unlike any other allegation where it is for the prosecution to prove guilt, in these cases it’s for the defence to prove innocence, a very, very hard thing to do. Perhaps the Barrister simply couldn’t do that, prove your husband innocent.

It’s a significant part of your history but it’s not all of your history. I understand how all consuming this is but try not to make it all of your future. Yes it will play a role but not the starring role in your lives.

Best wishes

Jaded x

Sorry, forgot to say that at the dismissal of the case costs were made to be paid by the prosecution so my husband had all his contributions returned to him and all court and legal fees were paid by them.

The court room is a game and solicitors/barristers are almost a bit like actors. You could have done no more. It doesnt matter if you have legal aid or not they will do their job, these are run of the mill normal jobs for them so i guess it doesnt feel like a personal service as you might expect or see on the tv. My husband didnt qualify for legal aid, his solicitor did a good job but he still got a fairly tough sentence considering. You will never know if it could have gone better so there's no point trying to pick it apart. Hopefully you will never be in a situation like this again. You can appeal a sentence but it really is not worth it unless you are certain its disproportionate.

Rainbow yes it was dismissed. There followed a professional hearing though with far lower rules about hearing evidence and a lower burden of proof required, a bit like a guess I would say! It’s a public hearing like a court and this is what was reported in the press, no defence material was read out publicly. The press had a field day so it’s been horrific.

Dismissal has made no difference to the damaged reputation and the terrible names we’ve both been called on social media. So I don’t really see myself any differently to anyone here. I completely understand the experiences we are all going through.

It was an allegation of an image offence.