Could I Have A Case With The Court Of Human Rights?

[jason74]

I was found guilty and charged with a crime i did not commite, i do not feel i was given a fair trial, i was accused of things without any proof. The accusers lied under oath, and i was denied a retrial even though i had important evidance that would have prooved my innocence.

I was told i would recieve a letter about why my retrial was rejected, never received this letter. I escaped prison only with the help of my doctor. Basically the court was told that i harrased someone for 2 years yet there was no proof of this just the accusers say so. Apparently this harrassment affected there daughter who no longer sings or draws. But there was no evidance of this,no doctors report or anything. How can someone stand up in court and accuse me of harrassment for 2 years with no evedance?

The only evidance they had was log sheets going back 6 months complaining about things like loud music. hoovering during the day and laughing and talking. I nearly lost my flat over all this and still might.

I feel really down about all this and i feel my rights as a human have been breached, everyone is entitled to a fair trial.

[jason74]

If there is a professional on here who would like to assist me. I recieve legal aid due to the fact i have been ill and unable to work for many years. I have evidance that will proove my innocence( witnesses) i appretiaye any help.

I also received a fine/compensation order of 1600 pounds, I also would like to know what will happen if i refuse to pay?

[black_cat51]

i would very much doubt it "right to a fair retrial" isn't enshrined in the HR act as far as i know. Also, in EVERY trial, someone lies, otherwise there wouldn't be a need for a trial!

[black_cat51]

if you don't pay, ultimately you will g to prison. if you had witnessess, they should have been at your trial

[LazyGun]

For anyone to offer you any meaningful advice, the following points need to be expanded upon.

What exactly was the crime you were charged with?
I am unclear from your post - did you actually serve time in jail, or were you given a suspended sentence?
Can you explain further what you mean by this sentence? " I escaped prison only with the help of my Doctor" Did the doctor help you escape from jail, or did the diagnosis of a doctor help you avoid jail. If the latter, what was the doctors diagnosis of you?
In the trial, you claim to have had important evidence that would prove your innocence. What evidence?
These log sheets you mention. Why were the accusers keeping a log sheet in the first place? Had they been advised by the police to do so? Had you received previous warnings from the police about either anti-social behaviour or behaviour that might constitute harassment?

[jason74]

Blackcat i did not know i needed these witnesses as they sprung an allegation on the day. Also i would rather do time than pay compensation to someone that has done this to me. Will i still have to pay if i goto prison?

[black_cat51]

i would imagine there was some sort of system to take payments from benefits at source, if you don't pay.
In all honsty, i remembering answering your question on this before, where you had some great advice, which i think you should take : be guided by your counsel

[jason74]

lazygun. racialy motivated harrassment non violant, i was given a suspended sentence, only becasue of a note from my doctor. Letter from doctor explained that my mother would be unable to cope if i went to jail as i care for her. also it said about my depression anxiety, sleep problems and panick attacks.

The evidance is basically the whole block that is prepared to stand by me and say that they have never heard such noise never had a problem from me, and that if there was a problem that i am approachable. Also they told the court that the reasom they moved was because of the harrassment but i have found out that they where evicted.

The log sheets where only started after my arrest. i was not given any indication at all that these people had a problem with me and in fact i would speak with them on regular occasion witnesses can confirm this.

No previous warning was given by the police. I was arrested and told i had done this crime that i did not commit. Surely if i was doing this someone for two years the police should have informed me. Or someone, I received a letter from the council about anti social behavior after my arrest but this is simply made up by the complainants, everyone in my block is prepared to defend me

[black_cat51]

I'm not really sure any of that helps really. You were tried and found guilty. The evidence was presented to a jury, who believed beyond a reasonable doubt that it was you that was lying, not them If they said something in the witness box and presented no evidence of it, the jury were free to treat it as such (unsubstantiated opinion)

[black_cat51]

and the problem is that you can't prove a negative

[jason74]

i respect what you say black cat and i do appreciate the help. I just wanted to see if it was worth my time perusing this or just forgetting it and getting on with the rest of my life, or at least try too, my health has been greatly affected by all this, and although friends and family believe me i do not want to be classed a racist when i am not

[black_cat51]

i would have thought that your legal counsel is the one best placed to advise you if it's worth carrying on or not, as they have all the details

[jason74]

Also they told the court that the reason they moved was because of the harassment but i have found out that they where evicted.

[LazyGun]

@jason. Thanks for the clarifications. I am still a bit confused though; If you were arrested for non-violent racial harassment, presumably contained within the charge were examples of this alleged behaviour. So I still do not quite understand how these allegations were "sprung upon you on the day", nor why character and defence witnesses could not have been canvassed and assembled from within your block for your trial itself, if everyone on your block is prepared to defend you. The fine of £1600 from the court. Aren't such fines explained in the accompanying text?

I have to say that you do not appear to have been especially well served by your barrister (s) / solicitors, given the substance of your account here. I would have thought they could have explained such things far more clearly that leaving you to resort to internet forums for advice...

Something just does not appear to be adding up here. As for the letter you received from the council about anti-social behaviour - what was the substanc of their allegations? What time period were they referring to in their letter ?

This might sound critical on my part - It is not meant to be, but I some things in your account just do not seem to tally with my perception of how the law works, although I accept that my knowledge is scant.

[jason74]

on the day of the trial they told the jury they heard racial comments looked thru the spy hole and saw me and a friend. This is a complete lie. Witnesss are willing to defend me on this. My friend i was with and other residance are prepared to defend me

My barrister i feel was completely useless and im paranoid that my retrial may not have even been submitted, I was told i'd receive a letter weeks ago. Still have not.

The letter was received from the council with the complaint sheets after my arrest and it was for a 6 month period not two years, also the sound proofing in this block is terrible.

Im sorry if i seem abit all over the place but this is really hard time for me .
I will rest now but look forward to reading any comments

I am told by the council that a surveyer is coming to inspect this

[LazyGun]

"on the day of the trial they told the jury they heard racial comments looked thru the spy hole and saw me and a friend. This is a complete lie. Witnesss are willing to defend me on this. My friend i was with and other residance are prepared to defend me "

But presumably on the original charge sheet for "non-violent racial harassment" there must have been allegations other than this specific one, in order for the arrest and subsequent charge/trial to have been brought at all?

And honestly, if this was just sprung upon you on the day of the trial, with no prior notice, then your barristers should surely have questioned why this was being admitted, or called for a delay in order to assemble a defence?

I do not know if it is possible, but, based upon your account here you might have a better chance of calling for a mistrial based upon the incompetence of your defence team, rather than anything else

[lcg]

change solicitors and appeal! gather all your evidence and details of witnesses willing to support you. if you do not, you will have to pay the fine, lump it and get on with your life, or ignore the ruling and go to prison for non-payment of the fine. they must have had some evidence of the crime to commit you, so either you are not being honest, or your brief was rubbish. you may also have a right to challenge the performance of the defense/advice given by your solicitor. if they were this bad, have you put in a complaint to the legal ombudsman the law society (i think that is who they are?). i do not mean to criticise, just provoke questions/answers and offer a little advice.