defence lawyers having access to medical records

[katy71]

hi
i was in a domesic violence relationship for 7 mths , me ex boyfriend was charged with 3 assaults and 2 criminal damage,and has pleaded not guilty
before i met my ex i was having cognegative therapy for low self aseem and confidence as i was suffering from depression i i have had depression for many years but i have always managed it well ani i take antideppressants and have always worked full time
my ex as told his defence lawyer that i am an alcholic and the therapy was for misuse of alchol and prescription drugs , i have never been a big drinker and if i did have the occasional drink it would be with my ex just two glasses of wine

his defence lawyer now wants access to my medical records and i have refused there is nothing on my records of alchol abuse or therapy for it and my ex knows this
i have written a statement with police stating these facts which wil go to defence
i have spoken to witness unit and cps said records were not relevant to case
does any one have advice or been in similar situation much appreciated

[dh001]

Katy. Be guided by the CPS, they will advise accordingly via the Witness Liaison Unit or via the Officer in the Case.

[katy71]

thank you for reply , sometimes i feel just like giving up on the case ,it is so stressful and frustrating to know that my ex is lying to get out of it and i am telling the truth i have to go to the trial at the end of april as a witness i will have to stay strong

[dh001]

Your welcome. I know its difficult but do try and stay strong. Is this case going to trial at Crown Court?

[katy71]

no magistrates, i just think it is appaling and bang out of order, there is no alchol issues on my records only for depression .

[sara3]

katy, your GP could possibly supply a Witness Statement to confirm that there are no alcohol issues on your records. I'm sure that would suffice.

and just because the case is heard in a magistrates' court, doesn't mean he won't be sent to Crown Court for sentencing.

[dh001]

Ok ta. Its only natural how you are feeling in such a situation and hang in there, your ex is hopefully more worried about the trial. Like I say be guided by the CPS and if you have any question do post them etc.

All the best, dh.

[dh001]

In fact, have you been informed of this cretins defence i.e. why he claims he is not guilty of assault and crim damage?

[katy71]

thanx sara 4 reply will do
no i havent heard of that what is it

[sara3]

what is what?

[suzie1]

cretins defence?

[katy71]

sory dh
no i not allowed to know anything what is excuse is he likes being the victim , all i know is he said i snapped my own mobile in half and pulled my own buttons off my cardigan , as if
he as probably saying i assaulted him even though i am the one in the police photos full of bruises
he pleaded not guilty because he dosent want to shame his self and his elderley mother would then know what he is

[dh001]

Ok katy no probs and all the best.

Sorry for confusing everybody (cretin = slang for idiot etc) lol

[katy71]

yes your right he is an idiot oh and a compulsive liar

[New Judge]

Notwithstanding the other aspects of this matter, if it is common assault (x3) and criminal damage under £5k, it cannot be sent to the Crown Court for sentencing, as these offences are summary only an can only be delat with in the Magistrates' Court.

[Riss]

Not the same I know,but when I took an old employer to court their lawyers demanded access to my medical records.I refused because that meant access to all my records with bits which didnt concern them in the slightest. So I got a letter from the specialist they were intrested in confirming what they wanted to know.I couldnt bear the thought of some clerk having a nose through my life story!

[katy71]

yes i agree that is what happens and i am not having them luk through my notes as somethings are personal ,
if they had a luk anyway it wouldnt prove anything as there is nothing on about alchol
he is just trying to get out of the charges but why should i give in

[looby1914]

your case sounds very similar to my own i am going through. My ex was abusive for nearly 1o years. Im in the middle of court cases and in december when we were there he decided to say that i was a suicidal manic depressive and my gp records were needed to prove otherwise. i actually agreed to that. I have nothing to hide and it will just prove to the courts that he is in the wrong and lieing.

i know its not easy trust me ive been going though it since june 2007 and the last court was february but been now moved to june for 2 days because of his bloomin lies.

Good luck through it all. If you want to talk let me know and will give you my email adress

[katy71]

hi looby yes would like to chat thanx

[looby1914]

hey katy sorry only just seen this if you want to email me or add me on msn my addy is [email protected]

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