PROSECUTION EVIDENCE

[crystalbee27]

This refers to my previous thread but thought i would start a new one as the question is different. Once a suspect is charged with an offence, at what point does the defence solicitor get a copy of any evidence that supports the charge? Does the defence get every single piece of evidence, including forensic reports before the trial -or can the prosecution hold back any evidence until time of trial. I ask this as my OH is adament the police are making up the fact they found his fingerprint inside the garage as they think he probably did it on circumstantial evidence and hope he admits it and they can get a conviction -even if it is an out of court disposal -even our solicitor says the results came back from forensics <too quickly> (1O days) as one of her clients had to wait for over a month for forensics to come back on a much more serious charge as they are backed up and serious cases come first.

[Barmaid]

The Prosecution normally serve "Advanced disclosure" at the first hearing. This will be the statements of any witnesses (I assume this will be a statement from the landlord and from the investigating officers). Once "Not guilty" pleas are entered the matter is adjourned for a "full file" which means that all the evidence is gathered together and then served on the Defence. At this stage, the police have to disclose an "unused material" schedule which is all the material they have collected but do not intend to use. All evidence on which the prosecution intend to rely at trial must be disclosed in advance.

As your husband has been in the garage legitimately it is decidedly possible that a fingerprint was found there. However, he can easily explain that.

[crystalbee27]

thanks barmaid that is very useful info. My OH helped the woman next door move out a heavy item from her garage but that was months before the 'incident' happened and the likelyhood a finger print remaining is surely unlikely due to other people being in the garage -workmen,estate agents,potential tenants? Unfortunately for us the woman was moving to South Africa so she can't be found unless the landlord has her forwarding address, and under the circumstances even if he did he would say he did'nt. No -i have calmed down now and i am certain they are 'trying it on' with this story about a fingerprint. when we went for the first interview the police were very nice - it was all very friendly and we were interviewed seperatley and while i was waiting for gary I was taken to an office and given a cup of coffee even though i was under arrest so should have been put in a cell.. The second interview seemed to be like a 'frightener' - we were both searched and had to remove all jewelry and hand over our personal belongings, patted down and placed in locked cells until we were interviewed -i think this was done to try and frighten us into confessing. it makes me sick - we have done nothing against the law and are being treated like criminals

[Nosha123]

I am really appalled that you are being treated like this and that the police are taking so much interest in something so clearly wrong....
Has no-one questioned how on earth you entered the building in order to get to the door you 'damaged'????
Is there any evidence of the illegal squatters? Surely if someone else can be placed at the scene - then that can help to prove someone else could have done it?
Considering your ages and circumstances - I am really shocked at this...
I have always thought - if you are truly innocent you then have nothing to worry about and it will be proven you are innocent.... but what an awful experience to be put through!
People commit far worse crimes and the police have no interest in doing anything... yet they go this far with you!
Unbelievable!! I really feel for you !

[crystalbee27]

@nosha123 -thankyou for your comments ;-) About 2 days before this incident we returned home to find someones washing on our line - we had a communal garden with the house that was damaged. A man came out of the house and introduced himself as a friend of the landlord who was passing through -he appologised for using our line . chatted a bit and we thought nothing more of it - when i mentioned this to police they seemed disinterested to say the least and said the landlord knew nothing about any man and insinuated we had made it up - i really wish I'd taken a pic of him on my mobile but you don't think of these things at the time -he looked very respectable in his late 40's -not a tramp or druggy type. I think he did the damage but the police are not interested -though i did make a statement about this man under caution so they have a record. the landlord wants a scapegoat to pay for the damage and we are an easy target,

[Nosha123]

regardless of the damage - he is claiming £600 for one single door...

Yet wont give you back your £750 for deposit - when you have clear witnesses that the property was in perfect condition!

Just insane!

Fight this all the way!!! And keep us posted with how you get on!