Charged with Criminal Offence (Police corruption, crazy ex)
Charged with Criminal Offence (Police corruption, crazy ex)
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JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
Ladies And Gents,

How are you all today smile Thought I would blog my ongoing fun and games.

Summary

Background
40 years old, father of two. Professional who had never been in a Police Station before prior to this.

Was married but didn't work out - we were always arguing. And she was always threatening to kill herself, was violent, a bit child abuse thrown in too and what not. I filed for Divorce in 2018, separated in early 2019. Initially was amicable post separation but then she caused an incident in early summer 2019 and we stopped speaking as she wanted more of the kids/money. So everything since was in writing (important for later...). By money, she wants, I quote "Everything" hehe

Things settled later summer 2019 as I agreed to her demands of having kids 1 evening a week plus alternate weekends and setup child maintenance accordingly. We both attend 1 mediations session, she then claims for Legal Aid, but is denied as earns a lot (and shouldn't have applied...) so she doesn't attend further. She then seeks help from a Domestic Abuse charity, some may suggest nine months after separation my suggest a motive of Legal Aid via the Victim route...

In September I noticed my 4 year old boy, who has a very strong bond with me, was having weeing accidents at school when I collected, which was odd as he was toilet trained at 3. He was also vocalising that "I needed to work less like mum" i.e. the ex had told him he wasn't seeing me so much as I was working. She had also stopped Video Calls between us. My other son was 1 and due to the gulf in age it was hard to focus on both, as they can't do same activities (e.g. one is on large lego, and one is on small lego, one can go on theme park rides, one can't), so I took to hiring a childminder at times for my youngest and focusing on day trips with oldest.

Ex being ex e.g. When kids are ill on her days, she disappears as puts work first.

Early November 2019 Parents Evening, teacher tells me my son is having wee accidents "at least one a day", has been put into Listening Class and has been put into Nurture Class- my son is adorable, well mannered and polite, so this news! My ex was aware of all this, but kept hidden. I up my time to 2 evening a week rather than one. In December I take time off work and pick him up and drop him off from class every day (as opposed to being stuck in Breakfast Club and Afterschool Club).

He is taken out of Listening and Behavioural classes in January smile

Jan-March 2020 I go back to 2 evenings a week plus alternative weekends. My Ex is often away for work and I always cover and take the kids.

mid-March, Covid Lockdown. Ex and I both technically qualify as Key Workers, she is NHS but not front line and I am Financial. She wants to put work first so I take them. She then advises that she is being 'redeployed to a hospital'. but then is dropping them off at 10 and picking up at 3-4 and the hospital is an hour's commute. I ask if she is indeed re-deployed or working from home, she evades an answer, I keep asking and eventually and out she is wfh but wants to put career first... I lose my job early April (freelance and end of contract).

She says she now wants all weekends, I advise she is welcome to have them more evenings, but I like my alternate weekends so nah. She isn't best pleased. We are having non-child related arguments as usual, and one day. End of April, she messages advising she has additional holidays and if she can have kids. I say of course. She then a few days later doesn't return stating "You are being controlling and coercive, please do not contact me again...I will happily comply with the legal process" i.e. get a lawyer and keep paying him and in the meantime I will do everything to ensure you don't see them.

Now she has done this before, and I have left her to it. But then my son had issues at school so it was the wrong approach. So this time I try another approach, a few emails - no abuse etc, my attitude to her is one of Pity, just about the kids. Contact Social Services asking for help, go to her house and knock on door 3 times on different days, Email her prior to advise her and Record Video on my phone whilst there to ensure no 'misunderstandings'. She doesn't open the door, I leave after a few minutes. On the last day, I advise her and then return to drop her stuff off - she moved out over a year ago and was refusing to claim her remaining items and it was an ongoing point of contention, her house is a semi with a flimsy gate at side, as per normal routine, items placed over the fence so safe from passerby nicking I also send a Tweet to her (as no reply to emails) saying nothing more that “Are A & B (ie. first initials of kids) in childcare today for me to collect?” i.e. as brief as possible, as she doesn’t allow private tweets so Its public. She blocks me and that is that.

After the 3rd time I went to her door, which was 3 days after the second time, 2 cops show up at my door, they advise my ex has complained. She has said she is happy to hand over the kids via a 3rd party so they will get Social Services to do it. I hear nothing so call Social Services over next few days, receptionist advised “you will get a callback” but nothing. I email her work mentor advising (not giving any gory detail) that she may need support and perhaps she could see the onsite councillor they have. No response from them. Invite ex and kids to a ‘BBQ and talks to resolve’ at mine as I had a new BBQ delivered a few days ago (i.e. ordered whilst I had kids full-time as weather was glorious and to cook for them. No response.

I stay away from her door, but do drive through the street once on some day, whilst there I also take a pic of her numberplate, as I don’t know where she is dumping the kids for care, so thinking I may at some point need to hire a Licensed Private Detective to find this (as Covid and schools closed for unknown length of time). It’s a busy street and near to me, so nothing unusual as I do drive that route a lot normally for shopping etc.

I file a police a complaint as it has now been a week since the Police came to my door and nothing from Social Services, so want them to take this up, I suggest that the police could assist as the 3rd party to do the handover. Nothing. Government advise schools re-opening, but still 3 weeks away.

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
The Arrest

I return to her house over a week since cops showed up, I knock on door, she opens, I say “Please can we talk, peacefully”, she closed door. I then say “Think about the impact of this on the kids” i..e. perfectly reasonable, and all filmed on my phone as usual. I then call 101, as if the police can assist as she has said she is willing to handover via a 3rd party.

2 cars, 4 officers arrive in haste sirens flashing. I turn on my phone’s camera and video throughout.They advise “It all came through a bit confusing, domestic incident” I advise no incident and occurred and if they would mind knocking on her door and getting the kid handed over. Police do all the questions and what not, 2 go in to her house. Then return and advise she has “changed her mind” and ask me to leave. Now I have not slept properly for weeks, am feeling helpless to protect my son and I refuse. There is a wooden bench 2-300 yards from my ex-wifes house, and I advise that I will come and sit there every day till school re-opens. And explain the issues my son has had at school last year. They advise repeatedly coming there would get me arrested for harassment, I advise that it is not harassment as I googled it after the cops came to my door, and the Law provides defences i.e. ‘ is it reasonable within the circumstances, and is it for prevention of a crime/harm’ I bring the law details on my phone and we discuss it. I ask the police what they would consider as ‘reasonable’ for me to do with regards to attending frequency. They don’t give an answer. Another day I would have listed and left, but as said I am tired and worried.

I later discover in talks with the police that only my oldest is at home and youngest is at Nursery, so advise I will collect in a few hours. Cops ask me to leave again I say I will stay here for now [as want to feel close to my son[ (a few doors away from her house).
They threaten to arrest me for breach of the peace, I point out they can’t as I am calm, collected and no breach of the peace has happened. They are not best pleased at me being corrected. They go away back into ex’s house, then a fee minutes later advise I am under arrest for Harassment. Grounds: I said I would return every day and hey have “Intel that I was there a few days prior (Important later) . They take my phone off me as it is in my hand (important later) and I am cuffed with hand behind back (strange as they know all my details and I am not going to run off). Stand around waiting for a van, and then down the station.

Custody
Upon arrival, 13:00, I am kept in the van for a good 20 minutes which is odd, then taken in. I immediately announce ask how long the body cams worn by the 4 officers are preserved, as it is a wrongful arrest and I will complain (not a smart move…) I ask for assurances that they will be kept. Custody Sergeant is evasive. Booked in, fingerprints etc. A young geek kid pops up, he wants me to sign into my now re-appeared phone as they want the IMEI number to check it isn’t stolen. A bit odd I think but sure.

Put into a Cell where I read the booklet on Custody they have to by law give you, it says I am entitled to see all paperwork under EU law. I hit the intercom they have in the cell and ask for this, get told “you can have this later”, I challenge saying I should have it now, they print and hand over. Spot a 3rd grounds for arrest put on by arresting officer “Fear of Physical harm” i.e. Gender Discrimination as I was calm and police on scene, and no history of anything including no violence. My ex I reported twice for violence though… They have clearly chucked it in there as no grounds for arrest. I ask to see the Inspector.

I mill around the cell, do some push ups as per movies biggrin and what not, then fall asleep, as I haven’t slept properly. I didn’t realise I had felt asleep until 10pm wish, when awoken as the Inspector came to see me at 7pm. Thankfully I hadn’t eaten so didn’t need to use the in cell loo!

10 pm is asked if I need to a duty solicitor, I say yes. Covid so speak to one remotely over the phone, she advised to give a brief prepared statement, not to mention too much so I don’t. Shortly after have the Interview with OIC 1 (Officer in Case, and 1 as in there was change later…). Initially I enter no comment to some question, but later start answering. I am asked why I don’t pay towards my children, I advise I did by Bank Transfer, up until Covid lockdown when I became primary carer, and so no longer needed pay her. OIC1 has a statement from my ex in front of him, and the BBQ invite.

Post interview, OIC 1 and Inspector speak to ex-wife and she agrees to resume child arrangements. Return date of about a month and 2 Bail conditions set: 1) To not contact ex-wife unless via Social Services for childcare and 2) Not go to her address unless pre-arranged for child collection. i.e. they see me as no risk and know that this was about the kids. I get the impression they have watched the Bodycam footage (as I demanded it’s preservation) as Inspector over phone (as he has gone home home by then) advises “Don’t worry you will be home soon”.

I am told by the Sergeant “We will just be doing things like checking through mobile phone” so I twig as to why I was held up on arrival and the whole “login for IMEI”, they were using the ‘digital kiosks’ to access my phone. I advise that my car is still on the street in question and I don’t want to bail, they advise fine to collect it.

Merlin request made - merlin is when the Police send a referral to Social Services.

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
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Bail Period: Month 1

I file an online complaint of Wrongful arrest and Gender Discrimination, assigned to a Police Standards Officer. Work with her to spell out why I felt was wrong (I read PACE).

I call Social Services, no answer as usual. Call several days later, and told “We don’t really see Police referrals as mandatory, as we get so many. Most get archived and as yours isn’t serious, you two can sort out it out/via courts” I relay this to the Police, OIC 1 is off on holiday and have to wait till return. He returns, I get a callback he advises will change bail condition to “cannot contact unless via a 3rd party”. He then forgets to do it, I hear nothing so go down to station and chase up, it gets done and paperwork changed

Now my ex and I were using a 3rd party to communicate, one of her friends but someone I also know very well as I see her around (live streets away) and so I message her saying nothing more than “Hope all is well, Please could you forward on… Hi Ex, please can you advise where kids ca be collected”. I then get a reply from Station asking me why I have breached bail, I advise I haven’t and have it in writing, so OIC 1 forgot to tell my ex…” Friend then replies saying “In view of what has happened, do not contact me again” i.e. my Ex has spun her a line. I message back saying along the lines of “You don’t know the half of what my ex has been up to, but fair enough have a good week”.

I then get a call from station again, “Why are you sending message not about the kids” so doh! I explain that these were private messages and clearly Friend has elected to forward on. I email OIC 1 and advise of this as he is off work, he calls back in morning, he has seen the texts and agrees non issue. Bail conditions remain unchanged. It is now clear that my ex, contrary to what she told the Police, is seeking to keep the kids as long as possible to benefit from divorce. I get a Child Maintenance Letter through post saying she has the kids 100% by agreement, I dispute this advising she has kidnapped them and is incurring additional childcare costs by choice. Advise OIC1, no response. Her claim is rejected. She appeals (with arrest details I imagine).

I get a letter through post, she has appointed a (scumbag) Divorce Lawyer. Lawyer advises he is only authorised for Financial Talks and not children… Wants my financial details. I ask him to speak to his client regarding resumption of child arrangements, he refuses to discuss. Anything, including financials.

I count down the days to end of 28 days so can see kids. OIC1 then advised he hasn’t had time to work on this and will be extending Bail. I say I want to appeal due to kids, he says I can’t. I say I can under Law it is my right, he concedes. I write a 4 page representation pointing out that Bail can only be extended on meeting the 4 criteria, and none of these, include the requirement to have been actively working on the case have been met. I point out this is mot a kids issue and the ex is using it to continue to withhold access to them. I ask that event of this being approved to send me the written explanation that the Superintendent has to write (by law) to justify it.

Superintendent extends bail. OIC 1 is Furious I have shown him up, advises for me to not contact him again, and in Email says (paraphrased) he has been given the full Bail allowance of 3 months instead of the 1 month he asked for, and that if I did’t stay quiet he would keep me on bail. Email says bail extended due to “OIC1 exhibiting additional documentary evidence, and I note that the bail conditions do not stop you seeng your kids” i.e. the email I sent to her work. It says “he can have the written representation via a lawyer” despite them knowing that I am self representing. And as I have been told to not contact the OIC 1 I am effectively denied access to my legal right to see it. I know that this work email I sent will have been sent to OIC 1 early and it is he who hasn’t worked on it, so unlawful bail extension in my view.

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
Bail Period Month 2

I send proof of my sons issues at school, and general ongoing things my ex-has been doing. OIC 1 calls me and advises to not send anything else.

I realise that if my ex has appointed a lawyer, she is using the arrest to claim serious victim, and so Legal Aid. I write to her Lawyer, subject “Legal Aid Fraud” and point she has undeclared various matters (upcoming huge pay rise, and so on). No reply. Send same letter to Legal Aid Fraud Team, get reply “Rejected for Legal Aid” biggrin Advise the police what she is up to, no response.

Child Maintenance Services (CMS) appeal succeeds, I am asked to pay. £100 ish a month (as get paid low salary plus dividend and they look at the former). I email her lawyer and advise that I will pay a lot more and provide by own calculation, set up BACS for 50% and ask if it is correct, ask what costs will be incurred in addition, they refuse to discuss.

Get a letter from CMS, ex has appealed against the £100 ish a month amount, even though I am paying more. How odd.

Get an email from Police, my pre-arrest complaint (specifically about the 2 cops who came to my door and didn’t then follow up about handover) had been investigated - unfortunately the DS investigating it got confused - he investigated OIC1. I advised OIC1 about this and that I had not complained about him. No Response…

Advise ex via 3rd party that I am collecting kids directly from school and childminder this afternoon, get to school and get treated like a child abuser and advised “new policy, only the parent who dropped off that day can collect”. I call OIC1 to advise, no answer, leave Voicemail, no reply to this was had. Advise school head I will email later.

Send an email to school, advise this is nothing to do with the kids, cc in OIC1 and also give his details for them to verify. School Head advises she is following “DofE Policy” I ask what policy, she points me to a generic document about child safety. I ask her to point me to the specific part in it, she can’t. I advise no safeguarding issue as can be confirmed via both police and Social, so nothing to with school and unless this new policy of “only the parent who dropped off that day can collect” now applied to everyone, it was discrimination and likely Gender based.. They concede without saying they concede…. Childminder also advises that she has been told to not allow me to collect, and as contract is with the Ex, she is in a difficult situation. I advise school and her that I will try to work with her lawyer to resolve and avoid putting them in middle of it.

Her Lawyer refuses to discuss and ignores all emails and calls. I appeal against Bail again, directly emailing the superintendent and cc OIC1, as his email was on the ‘appeal extended’ email, pointing out it is stopping me seeing the kids. Refused, OIC 1 probably not best pleased…

OIC 1 has been uncommunicative from the day he called me asking me to not send evidence, I get worried he may be peeved and its coming to bail end period… I contact Superintendent with a Chronology of events. No reply. I contact the Commander, Super gets a nudge, he replies saying a Detective Inspector (DI) asked to look it over. I get a text later on that evening from OIC1 advising “could not complete my enquires so bail extended”. I get an email with subject line “3 months Bail” i.e. rather than “bail extension to date XX.XX.XXXX he was letting me know that his threat was carried out.

I email him back, and get a strange Out Of Office - “I am now out of officer for an unknown period, all my cases will get re-assigned. If needed please contact my Line Manager DS XYZ. Very odd so I email the Super and Commander asking where he has gone and what is happening. No reply.

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
Bail Period Month 3-5 & Ex lies to Family Court to get interim Order citing Abduction

I again ask where he has gone, and why my case isn’t re-assigned. Super doesn’t reply but replies to other points. Commanders PA advised not something she can help with. DI calls me and advises the case was finished by OIC1 and will be reviewed in a week, which is fantastic, as I am innocent. I ask where OIC1 has gone and the odd email out of officer “err….sick…wasn’t supposed to have written that….” i.e. told to go off sick as he had been naughty.

I advise the case reviewer, his line manager, that I was stopped from providing evidence, and happy to come in for another interview. Told “not necessary in light of what you have already said…”.

Last day of school, I contact via her lawyer, the police and her and advise I would like to collect and say goodbye to the teacher etc, ex also turns up at school. Discuss with Head who advises due to bail condition best I leave, so I do without incident. Her lawyer calls me next day, says “You need to abide by the emergency child order we obtained via an ex-parte (secret hearing) at Family Courts yesterday” I ask what order, why and what does it day? He had assumed I was sent a copy, He then refuses to tell me anymore. Heard nothing more about it, emailed the court, nothing.

2 weeks later he advised me he had another ex-parte hearing and had obtained a Prohibited Steps Order (PSO), I asked what it said, refused to tell me or give me a copy. Lawyer advised they have started the Child Arrangements process via the Courts, I advise I had already applied too. Then I email Court about the PSO, they advise it’s being sealed. I ask they serve me by email rather than post so quicker, they agree.

Ex continues to complain to police- if I contact via 3rd party about kids, as allowed, she then claims I was emailing myself via a fake email so then Police waste time contacting 3rd parties to establish truth. She sees me in town shopping, we don’t interact but she complains, police check my phone tracking establish I was on my own path for the day and reject and so on. Malicious!

Case Reviewer tells me she has reviewed and it was being sent to the CPS for a charging Decision, I reply pointing out that I was stopped from giving evidence and my ex-wife was not. Get an Out of Officer. DI advises that the DS is off on Friday and back Monday so I had this time window to send anything for consideration. I get no sleep and send everything can think of that the OIC 1/Exwife could have misrepresented, a bit all over the place in shock at the decision.

DS arrives back Monday 1pm, says she is just forwarding my emails on to the CPS and changes nothing. I ask the Super and her that in view of OIC1 being her direct report, Super being involved in decision to extend bail, they should recuse themselves and this should be re-reviewed. They refuse. The Commander assigns an Acting Super to review, he does nothing but sends me a token email and then ignores my follow up and ignores phone calls.

I have a thought, I ask the DS as to what I am being being sent to the CPS with, she doesn’t reply. I as the DI, she does reply and confirms my suspicions - not only Harassment, but also ‘Controlling and Coercive behaviour”.

Receive the PSO, my ex-wife claimed “he has repeatedly told me he is going to take the kids to Dubai, which is out of the Courts Jurisdiction” and so along with her mentioning the Arrest and being a Victim, Judge err’d on the cautious side and granted her an Interim Order for sole custody. And for me to return kids passports with 7 days (gathering dust at mine…). On the plus side, the order said 1) The Fist Hearing for the kids (abbreviated FHDRA) is at xx.xx.xxxx which was 3 months away and it also said 2) I can appeal and get a hearing if done within 7 days and 3) For Social Services and CAFCASS (court child services) to send a letter to the court outlining any child safety concerns. I appeal and send kids passports by recorded mail to her lawyer. I point out to the Family Court that my own passport had expired prior to this, and so I was clearly not going anywhere. And also as we hadn’t spoken for a year, clearly I hadn’t told her I was abducting them, as otherwise documentary evidence would exist of this.

CMS letter received, they have looked at mot dividends as my ex-wifes appeal asked for, They now state a new amount. This is lower than I am paying rofl so I adjust my BACS accordingly. I point out to the lawyer they are buffoons (not actually saying Buffoon that off course).


Edited by JohnCas on Wednesday 11th November 16:59

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
Family Court Direction Hearing & Charged

Date set for Family Court Appeal, appoint a Direct Access Barrister. Ive been off work for months so not flush with cash, but its the kids!

Few days before hearing, advised I am contacted by a new OIC, I am being charged with Harassment, but not Controlling and Coercive, so clearly all my emails thwarted that malicious attempt. Strange as it sounds, I slept well that night, as at least I knew where I stood. Charge was “Harassment without fear or violence or distress” which is the mildest form of that charge, and a Summary Offence (dealt in lower Magistrates Court and punishment of fine and/or 6 months prison as maximum.

I ask her Lawyer for the Bundle and Statement they used at the ex-parte hearing, they refuse to send. I contact the Family Court and they send it to me - She has made 7 page statement about how I was oh so horrible to her during the marriage, Ex claims ongoing harassment since the arrest i.e. all her fake claims which were rejected. She does things like quote a 5 line email I sent, but omits lines 2 and 4 to change the context (yes really…).

Day of hearing advise the letter from Social/Council not received, Barrister advised this means the rules say I cannot get this overturned. Best I can get is Supervised hour a week at a contact centre. And that is what happens. The kids I saw all the time and raised now have to be seen for an hour. But it’s been five months since I saw them so great.


Judge makes an Order for Police to disclose all information on either party that they hold since 2019 as with my ex- making allegations and myself replying, they now need a Fact Finding Trial as there was a change in law this year, that if ‘controlling behaviour’ is alleged, this is to be treated as serious as physical violence. Prior to this new beta rule, the presumption was a child should always see both parents, but now it is “is the pain on a parent so great that perhaps they shouldn’t see one parent at all for the greater good”…


Edited by JohnCas on Wednesday 11th November 15:26

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
Contact Centre


I assumed the sessions would be cheap, they are not! The Order agreed between us said “Father to pay for contact centre” and hadn’t paid attention, and now realised I was stitched up as expensive. I ask for 4 hour sessions regardless as know my older son need it, other side says no.

First Day I see them, both my two little boys, 5 and the older had a birthday so now 2, walk in. I have food setup on a table, the supervisor seems ok. I bring a huge bag of Brio tracks trains, accessories. Plus presents (remote controlled car to take away with them). Youngest heads for food biggrin, 5 year old sits and fiddles with trains. Clearly emotional, I ask him if he knows why he hasn’t seen me for a while, he says “because mummy and daddy are not best friends anymore” which is how I explained the separation to him last year. So he knows it’s mum stopping it.

Starts to warm up as session goes, has a wee accident, doesn’t want to leave when the hour is up.

Weekly Saturday sessions, all good. Halloween has the room filled with Halloween balloons and food. And so on. Kids clambering all over me play fighting and so on. Rush in from the Front door of the place as so keen.

The reports point out that my older son has a very strong bond with me. Both contact centre and I agree that an hour isn’t enough, they ask mum for 2 hours on my behalf and she agrees.

Contact Centre very impressed - perfect dad!

Edited by JohnCas on Wednesday 11th November 15:31

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
IDPC

IDPC = Initial Details of Prosecution Disclosure. A document they send prior to first day at Court.

Speak to a Leading Law Firm, have a web call and they request the IDPC from the Crown Prosecution Service CPS.

Received, The leading lawyers say £40k+vat +expert fees,+ barrister.

Read the IDPC- contains a witness statement created by OIC1 on day of arrest, and a further second Witness Statement from Ex taken the day after OIC 1 asked me to stop sending evidence. This statement is a huge 4 pages long and it is all made up - we haven’t spoken for over a year and yet OIC1 has not asked her to evidence anything. The evidence I sent, her has asked her for explanations and not fact checked the answers.

She claims that the message I sent via the 3rd party friend were harassment and “he knew they would be forward on”, and the messages in question are exhibited. As mentioned, at the time OIC 1 agreed that they were a non issue and so bail conditions remain unchanged. And nowOIC 1 is doing a U-turn…

I email OIC2, asking if the CPS were sent the email I sent regarding this to OIC1 He calls, advised no it was not sent. I hit record on my laptop as know despite him being an honest cop OIC2 is subject to the ‘hierachy’ system of the police structure and may not want to repeat it. I ask if all other evidence was sent, he calls me a few hours later. No. I ask that he sends these on, he advised been told not to by his supervisor (same case reviewer…) I advise I don’t have a direct contact at CPS like they do, but tough. None sent and a decision was made ignoring my evidence - 30 pages+.

You can tell from his voice he knows it isn’t kosher, but Hierarchy system… Recorded the call. Backed up to Cloud.

Case Reviewer DS has give a Witness Statement, OIC 1 is “on a period of leave” apparently and me sending all these email is portrayed as me showing guilt/being nuts.

Arresting Officer has given a Witness Statement. At arrest she said “We received intelligent you were here on x day”, in statement she says “ex said he was here on that day” i.e. no intel. Ex’s witness statement does not list this particular day as myself having been there. So appears either Arresting Officer checked phone records and doesn’t want to reveal, or made it up. As it’s a Sworn statement, and it could have been redacted, she made it up.

Ex has send to the police WhatsApp messages March2020-April 2020, 282 messages taken out at various times and dates. All negative on her messages removed….

Edited by JohnCas on Wednesday 11th November 15:30

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
Child Maintenence & Form A

Receive a letter from CMS, ex has asked for a SuperSesssion (further investigation as to wether I am paying the right amount). I send the CMS my VAT return which shows £0 trade for the Quarter and advise I have no work, but to keep payments as they are.

Receive notice of financial proceedings, her lawyer has written on the application “ex-husband does not pay child maintenance” which is perjury as he knows I am… This was filed just after I advised I was setting up a BACS payment, so appears myself being proactive scuppered his place but he is trying it on.

Supersession appeal rejected biggrin

I take the time to read up - what scumbag lawyer is doing is clear - if a Judge is told one party isn’t paying, they will then make an order. So their plan is to keep kids as long as possible, and milk the 100% custody situation they deceptively obtained.

They go the next stage, taking the CMS to a Tribunal. Effectively they are trying to claim that I am hiding money in my company account and so reducing income and so the CMS payments. Which is rubbish, been on Furlough since April!

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
Police Disclosure, Court and Freedom of Info

Police send through the Family Court Disclosure. It confirms that my ex was calling the police each time I went to her house, so the police visit I had was the 3rd call to them. No mention of her kidnapping kids, apparently I had emailed her 11 times an house (nope) and so on.

Confirms the DI wrote a review Document and shortly after OIC2 was appointed.

Confirms that no harassment after arrest occurred, all her claims investigated and she was told she was mistaken. And yet she told Family Court otherwise - Perjury.

Confirms OIC1 was carrying out his threat to keep me on bail, as he was chased up for a progress update.

I ask for Video footage, Police advise “As court order doesn’t state video it isn’t covered” I point out that the court order said “all statements and statements were made on camera and can come in any form” They refuse to have over unless a new Order is made…

Disclosure has something very odd - it states a Statement was taken from ex at time of arrest, but it is not provided in the Police disclosure nor IDPC. Has gone missing - likely as it demonstrates wrongful arrest.

I ask for this statement to be found.

Data Access department is now into month 3, they are by law required to handover data in 30 days. They advise that “As you have made a complaint until this is closed we can’t give you it” It’s rubbish, they are obstructing intentionally.

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
First Hearing at Magistrates Court


I send a Representation for the CPS 2 weeks prior, they don’t read it. I know they don’t as it has Youtube links to private video and the Stats show no viewers… I advise the usher on arrival that I will be asking for an adjournment, as my representation has not been read.

I stand in the dock at Court, get told there is a second charge, same date period (i.e. After Kidnap) and same content (email/visits) etc This one is Stalking, and again Without Fear or Violence so the basic kind. I ask if there is a new IDPC, CPS say yes. I say I refuse to plead and want an adjournment.

I am am told by the judge “we strongly suggest you plead” I stand my ground, Adjourned for a week.

New IDPC contains a brand new Case Summary from the Police, created by OIC2 and the Case reviewing DS on the very same day that OIC2 advised me that evidence was not shown to him nor sent to CPS. A work of fiction, for example it says “He was upset at the separation” when in fact I divorced her and was the best thing I did. It says “he was upset at mum being sole custodian after separation” but we separated in Feb 2019, and since then to the kindapping, I saw the kids all the time.

All made up.


Second Hearing

New CPS prosecutor, turns out only 1 charge not two, They are merely not sure which applies so have put both for the Court to decide.

Agreed in hearing details, witnesses and so on. Ex wants to give evidence behind a screen as I am oh so terrible. Trial early next year.

Edited by JohnCas on Wednesday 11th November 16:09

anonymous-user

83 months

Wednesday 11th November 2020
quotequote all
MX 5

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
Awaiting Disclosure from CPS now.

Need to find a lawyer or Direct Access Barrister, as need to submit a Defence Statement 14 days after I get the Disclosure.

Recommendations?

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
Breadvan72 said:
MX 5
I have two kids, one won't fit frown

anonymous-user

83 months

Wednesday 11th November 2020
quotequote all
Lawyer and barrister are not alternates, as barristers are lawyers, but check out the Legal 500 and Chambers and Partners websites, and consult a firm of criminal defence solicitors close to where you live. I gather that this has been going on since June. The optimal time for you to hire a lawyer was June, but do it now.

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
Breadvan72 said:
Lawyer and barrister are not alternates, as barristers are lawyers, but check out the Legal 500 and Chambers and Partners websites, and consult a firm of criminal defence solicitors close to where you live. I gather that this has been going on since June. The optimal time for you to hire a lawyer was June, but do it now.
It's one of these catch 22 situation - I have savings but out of work (not in the frame of mind to work neither) so need to mostly focus costs on strong representation in the Child Proceedings in Family Court. As even if I get convicted in the Magistrates, it won't be serious enough for me to not get the kids. And The Financial Proceeding again are secondary to the Child one.

I know the facts of the case, hence a direct Access Barrister is a consideration.

And yes, probably - but I knew I was innocent and didn't need one. How was I to know the Met have so money corrupt cops biggrin

Edited by JohnCas on Wednesday 11th November 16:16

Fatball

645 posts

88 months

Wednesday 11th November 2020
quotequote all
You were asked not to contact your ex and continued.

I’ve explained this to so many people, male and female. If someone says stop and you don’t then it leads to all the ste that you’re explaining about.

It’s heartbreaking, it’s the hardest thing you’ll ever do but if someone says stop contacting me the just do it. Every time you do it afterwards it will lead to an arrest if the other person makes a complaint.

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
Its rarely like this though? Normally it's the partner who was dumped and won't stay away that gets arrested. I dumped her and was happy with my life.

No contact at her door over 1 year prior to kidnapping of kids - we had an informal child sharing arrangement she broke off. Known behavioural issues with my son if he is prevented from seeing me, plus she has previously abused them and declined Psychiatric help.

She invited me to my son's birthday party a few months prior to incident, I said no thanks, will hold 2 parties - that's how much I avoid her.

1& 3 is my defence Not a single contact about her since separation, not even a how are you. Only kids/divorce matters.

CPS said:
Defence - Harassment - section 2

Three defences are available to the section 2 offence:

1 that the course of conduct was pursued for the purpose of preventing or detecting crime;
2 that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment; or
3 that in the particular circumstances the pursuit of the course of conduct was reasonable.
Edited by JohnCas on Wednesday 11th November 15:43

Durzel

12,999 posts

197 months

Wednesday 11th November 2020
quotequote all
I read up until the point at which the Police were telling you to go and you were refusing and saying you'd sit on a bench every day.

Appreciate there must be and have been a lot of emotions swirling around, but can understand how this has ended up spiralling out of control the way it has, if the Police are telling you to leave and you're "Googling harassment" and being confrontational (even if it seemed rational from your perspective).

Hope it gets resolved for the sake of the kids.

JohnCas

Original Poster:

36 posts

75 months

Wednesday 11th November 2020
quotequote all
Durzel said:
I read up until the point at which the Police were telling you to go and you were refusing and saying you'd sit on a bench every day..
Yes, I know, I know, not a bright idea in hindsight. But I was emotional, hadn't slept since kids kidnapped (as per fell asleep in cell in afternoon) and my son was all that was on my mind. Was said in the moment.

Was said midway during a conversation and this position evolved. For example I found out my youngest wasn't home, and was at a nursery so said I would collect him when he finished (2 hours later). I also after saying the bench thing, asked the officers what they considered reasonable.

All on camera and shown that my concern for my son's wellbeing is all that mattered to me. Contact Centre Reports including first one back these up - supervisor independently wrote about my son's bond with me.

Edited by JohnCas on Wednesday 11th November 15:58