section 47 abh with divorse part 2

[matty2001]

my wife had told police i had hit her over the head with a wine bottle , the police arrived within 2/3 Min's expecting a blood bath, i met the police at the door calmly and let them in i was arrested and taken to the police station without cuffs etc
i as locked up for some 20 hours because my wife's friend would not make a statement sober, i was bailed to reside at my mothers (i run my business from my home )i have been allowed to use what is my house between the hours of 9 and 5 daily for the past 7 weeks.


my wife alleges that i had taken the wine bottle away and hidden it ,the police statements from the 4 officers clearly state there were 2 wine bottles on the worktop not quite empty (so no missing bottle) in my interview i asked police to fingerprint both bottles as mine would not be on them, the police statements also say there had been no evidence of a disturbance and there was no blood of any kind anywhere in the house,


some 2 weeks later i was due in court and my wife wanted the bail altering excluding me from my house this fortunately was refused but i must have a member of my staff with me at all times (£400 per week) and im back in dec for committal to crown court (on my solicitors say so) my wife has since sold my car worth over 12k for 8k granted this iwill come from any further settlement she may be due (although i have bank statements showing i bought the car from our divorce cash split ) her Friend continued to not make a statement so the only thing to say i had dome this was my wife's statement saying she did not see this happen but felt a blow to the head , surprise surprise her Friend sone 2 weeks later makes a statement saying i hit her with a bottle and held it by the neck ( now im doomed )


to summarise im now living from a suitcase at my mothers at 40 yo, my wife has 2 houses , sold my car (did she pay her friend to do this ?) and for the first time in my life in trouble ,my wife and friend are very well known in my town for being trouble (even to the police as both have records) i would like to hear antibody's views on this case

if you have read this far thank you for taking the time to read it

m

[bednobs]

seriously, i would take advice from my solicitor. You have only given one side of the story here, so i feel it quite unlikely anyone would be able to help you more than your legal counsel - after all that is what you are paying them for.

Two points.
1) how did she sell YOUR car and what are you doing about this? Ae you saying anyone can just sell someone elses car?
2) you have put your 2 posts in different sections, so expect lots of comments about that rather than your case

[matty2001]

thanks for the replie now to this so sorry about the mix up with where to put them

the car was bought in dec 2010 i paid for the car with the sale of a third property we had , bank statments show we split the cash, i insure tax and maintained this again all shown ,But because i have several work vehicles to seperate this car from the business she was the reg keeper (being the reg keeper dose not mean you are the owner of said car ) frankly there is nothing i can do appert from take it into account if there is any further settlement never the less it has been sold at 2/3 of its value and just to be difficuld my divorse solicitor instructed her to return it but it still was sold :(
thanks again

[bednobs]

if she has sold a car that does not belong to her, then she has stolen it

[matty2001]

sadly the police said it is a civil matter so no help there

[exdc]

Hello Matty

Have you read the advanced file of evidence yet?.

[matty2001]

i have read all statements etc when i first went to mag court, do i get the advanced at my commital hearing to crown, if thats the case i wont see that till the 14th dec

thanks for looking at this

[exdc]

Hi

The disclosure of the actual evidential statements is basically the same format (there maybe some amendments as the preparation of the case continues).

"i would like to hear anybody's views on this case"

I was simply wondering what evidence, if any, is there that your partner was assaulted i.e. any visible and corroborated injury of being hit with a glass bottle and whether there are obvious inconsistant version of events given to police control on initial call and what is in the statements.

I take it all the incidents leading up to the alleged assault have been recorded?.

I agree with the police in that the dispute regarding the car is a civil matter.

[matty2001]

all insedents were recorded and she was arrested days later and recived a caution for her actions (even tho she was convicted 3 years ago for assaulting a landlady and going behind the bar and smashing all the bottles and throwing glasses at people (again i was not there)

as for injurys my wife had a 1/2 inch lasseration to the back of her head (i belive this was done in the pub earlier when fighting with the 2 guys in the doorway (like a 2 door enrance into a small hallway before another door )i also suggested this in my statement

the 4 police statments all say there was no fresh blood evedent and appeared dry, the police only took 2/3 mins to respond to the 999 call

i do have great respect for the police but cant help but feel in this case it seemed a simple man hits wife case

i do understand this is only one side of a story and can assure anyone i have no reson to lie when im asking for sound advice because it would not help me

thanks exdc

[matty2001]

sorry exdc

the only thing i have missed is her freind stated some 2 weeks later i had hit her with a wine bottle (why no statement until divorse pettions were sent?)my wifes statement says she saw nothing

[exdc]

Hi Matty

Well it seems like the police officers have shown their hand with their obseravations etc. There will be numerous other reports that are created during the investigation and case prep that do not form part of the actual prosecution file, the police and CPS will examine all of the non-sensitive unused material looking for inconsistances and disclose anything that will undermine the prosecution case or assist your defence (this is a continuing process).

[matty2001]

thanks exdc
that looks like there may be some light at the end of the tunnel

[exdc]

Hopefully, Matty.

Basically, when the prosecution submit their case your defence rep's will prepare and submit a 'defence statement' prior to trial, so you will see where your at etc.

[matty2001]

thanks for all the help exdc, went to court on wed for commital and the case was thrown out due to cps not having files ready and was awarded all my costs , all in all i think i was very lucky with this ,but cps i know can re summons if they feel there is still a case to answer,
hopfully due to the amount of costs already to be claimed (7.4k) this will not happen

fingers crossed and thanks again

matty

[exdc]

Hi Matty, thats the end of the prosecution for this case, don't worry about a future summons.

All the best.