Do you know that if you are charged with causing an unlawful death, you will be told “if you plead guilty, you will be charged with manslaughter. If you insist you are innocent, the charge will be murder”. Defendants are found guilty by juries at Crown Court in almost 90% of cases, the decision usually on the basis of possibility or probability rather than certainty. Once convicted of murder you will be sentenced to life. A tariff sentence will be set, which is the minimum period before parole will be considered. However if you continue to insist you are innocent you will never be released.
Around 12 months ago (1997) the second longest serving woman prisoner in the UK died (or committed suicide, there is doubt). She had served 27 years in prison and still maintained she was innocent. Earlier this year (1998) Patrick Nicholls was found innocent and released, he had served 23 years, his tariff sentence was 13 years. Injustice is not confined to the more serious cases, a legal executive told me the following story recently.
A young 18 year old girl had got into bad company, she took two youths home to her
parents house and shop. Her parents were not there. While she was otherwise engaged
the youths took the opportunity to steal. Later they took jewellery they had stolen
to a pawnbroker, he told them to come back later after he had had time to value the
goods. When they returned the police were waiting and they were arrested. They were
charged and pleaded guilty to receiving stolen goods and were sentenced to probation
and a term of community service. Justice was done.
The girl however was charged with
planning the robbery, she insisted she was innocent. The case went to the Crown Court.
Before the trial the solicitor and barrister told her that she would probably be
found guilty, and because of the severity of the charge, she was certain to go to
prison. In tears she continued to insist she was innocent. The barrister asked to
see the judge before the trial, the judge confirmed that if the jury found her guilty
he would send her down for 12 months.
This slip of a girl, slight in stature, quietly spoken, would be ruined if sent to prison. Both solicitor and barrister begged her to plead guilty. Eventually, distraught, sobbing, tears running down her face she agreed. The judge gave her 200 hours community service. She still maintains she is completely innocent. Both solicitor and barrister believe her. She now has a criminal record but at least they kept her out of prison.
Another ‘plead guilty or else’.
This time with an entirely different twist. The following
letter was sent to Portia along with a copy of a letter to the Greater Manchester
Council Fire Service from the man’s doctor. The man asks that his details are not
revealed on the Internet as he and his family are terrified of reprisals.
His doctor
confirms that his patient was receiving treatment for stress and that he was fully
aware of his predicament. The doctor says that the man had brought to him a letter
from the Fire Service concerning a disciplinary hearing. He had advised his patient
to attend the hearing, as the contents of the letter led him to believe that his
patient was unlikely to lose his job. The doctor now describes the letter as deceitful.
The
man writes: My wife and I have been to hell and back during the last two years. We
have suffered a grave injustice and been threatened with our lives. I received 180
hours community service when I was innocent. I have lost a job which I had for 23
years as an operational firefighter (I have the Long Service and Good Conduct Medal).
One
day in 1997 I was working on my wife’s behalf, at that time she had a part-time carpet
cleaning business. I arranged to clean two large and very dirty carpets and at the
same time clean and valet a car. I finished cleaning the carpets at 2 p.m. but had
not got time for the car. I explained to the man and woman that I would come back
in 10 days time, they both accepted this. On the arranged day the woman answered
the door. We had a short conversation, she said she had to go out and I was to call
back in three hours. I went back after three hours, there was no-one or the car there,
so I went home.
That night her live-in boy friend, who has a police record for violence
and uses two different surnames, made threatening and abusive calls to my son, my
son put the phone down on him. He phoned back, I picked the phone up and got threatened
with more abuse. Over a period of days the telephone calls continued. I phoned BT
and changed my telephone number.
Three or four weeks later two police women arrived
at my house, told my wife to go upstairs, put me in the back of a white police van
and took me to the police station. One woman police officer interviewed me alone
and said the woman had complained, I was charged with indecent assault. I was in
a state of shock, I had no legal representation. I told the woman officer that the
woman’s boyfriend was in the house and walking in and out of the rooms all the time
(this made the cleaning job twice as long). The woman had told the police in her
first statement that she was in the house alone with her daughter, when in fact there
were two adults, three children and her boyfriend there.
I engaged a solicitor, he
said, “it would be a travesty of justice if I was found guilty.” The solicitor confirmed
the woman and her boyfriend had made statements. On the statement her boyfriend made
first, he said he was in and out of the house when she told the police she was alone,
and that I was there at 4 p.m. when I had left two hours earlier to do another job.
I have evidence and names to back me up. He then said he took her girlfriend to pick
up the kids from school, but the day I cleaned the carpets was Good Friday. No school,
all lies. They went back later and altered this statement.
I went to the Magistrates’
Court and pleaded not guilty. I, on my solicitor’s advise opted for Crown Court.
I went to the plea-fix and pleaded not guilty. On this occasion the boyfriend was
there with that woman. My solicitor indiscreetly gave my new telephone number away.
The boyfriend threatened to kill me, he was with his friends. Witnesses heard him,
he intimidated my wife who was at that time a witness. When we arrived home the telephone
went again with threatening and abusive calls. We went to the police station. I saw
a police woman who did not want to do anything. I told her the man’s name, she said,
“they will have a word with him”. We changed our phone number again. My wife and
I were frightened, we both became depressed. I had clinical depression five years
earlier because of a bad fire, I knew it had started again.
My solicitor said admit
this and they will drop that, I said defend me, I am innocent. On the day of the
trial I was in a state, I had not eaten or slept for days. I had been to see my GP
and he had prescribed medicine. I was sick in the taxi on the way to the Crown Court.
When we got there I was told my barrister would not be there because he was at Preston
Crown Court; he had sent his junior. My solicitor took me into a side room, locked
the door and shouted at me to plead guilty. He said I would go to prison. He said
the boyfriend would not be giving evidence and my wife and son would not. He said
it’s you against her and she will win. I said I am innocent. He said plead guilty,
I just wanted everybody to go away, he again said I would go to prison. Fear is a
great persuader. Terrified, I told a lie - I pleaded guilty - a decision I bitterly
regret. I have now lost my job of 23 years.
I decided to appeal. The judge wrote to
this solicitor, a man I have reported and is now being investigated. The judge refused
me leave to appeal. I have since made another application. I have not had statements
I made on tape at the police station. The police hid serious crimes of her boyfriend.
I have been to the police about the man’s threats to my family and myself and about
abusive telephone calls. I can supply letters and statements in support of my story.
Please, please help my family and myself to clear my name and to restore my faith
in society and the legal profession. I so want justice.
www.slimeylimeyjustice.org