Perjury Against Myself.

[sammy2512]

At a magistrates court in May 2012, I was found guilty of harassment of my ex partner. In court she stated that we had been in a brief relationship of 3-4 months. She also stated that she'd had no contact with me,only being civil as we were neighbours.
She wanted me evicted by the local council, a month later, the civil court judge threw out a complaint by her due to evidence from my solicitor - after he applied for the data protection to be dropped- in order to obtain telephone & text message from both Virgin Media & Vodafone. We also obtained TWO statements-signed by her- when she stated that we were in a relationship for AT LEAST 2 & 1/2 years. I cannot afford to go through the civil courts in order for her to arrested & charged with perjury, so how can I get to the point where she is.? I ask this because I am getting grief from her father & brother, culminating in the brother being up in court after he smashed my windscreen on 09.10.2015. I live 8 doors below her parents & they are always goading me. The police say they can't do anything because of lack of witnesses. I want an end to all this so I can move on with my life. The whole story from 26.12.2010 until present day would take to much key punching & I hate computers. I am 51 years of age.

[Buenchico]

Try a letter to your local CPS office:
http://www.cps.gov.uk/contact/local.html

[Buenchico]

Draft letter:
"Sir,
On 15 May 2012 I was convicted of harassment against my former partner, Jane Martha Briggs (of 42a Acacia Avenue, Sometown) at Othertown Magistrates Court. That conviction came about solely through evidence given by the said Jane Martha Briggs.

On 23 June 2012 Jane Martha Briggs applied for a civil order against me before Thirdtown County Court, based largely upon the same evidence. However the court rejected the application because my solicitor was then able to show conclusively, through evidence obtained from communications companies, that the evidence given by Jane Martha Briggs was false.

I therefore request that the Crown Prosecution Service gives consideration as to whether the evidence given by Jane Martha Briggs at Othertown Magistrates Court, on 15 May 2012, should be deemed as perverting the course of justice (contrary to common law).

I will be happy to provide further details of this matter upon request"

[EDDIE51]

^^ good advice. But from what you have written the only point of conflict in the evidence is the length of time that the relationship lasted. That is not near sufficient to make a case for perjury. Also perjury is a criminal offence so it would need to be heard in a criminal (crown) court not a civil court.
The standard of proof required is much higher for criminal cases. For this to succeed it would have to go to a full trial with a jury .
Go with Buenchico's idea by all means , but do not expect a positive reply.

[EDDIE51]

Just to be clear,it does not matter which court the perjury occurred in.To be convicted for it needs a crown court criminal trial.
The civil judge you mention was able to throw out the case as it was just a civil matter (eviction) he /she would need to use the criminal standard of proof for a perjury trial.

[Buenchico]

As Eddie indicates, it's NOT an offence to lie in court. It only becomes one if the lies told actually 'pervert the course of justice'.

[EDDIE51]

As the judge threw the eviction case out there was no' perversion of justice',
the judge agreed that her evidence was not of a satisfactory standard to prove the case. If the judge had ordered you to be evicted on her false evidence then that could have been 'perversion of the course of justice', but the judge saw through her lies and threw the case out. I can not see that there is a case for charge of perjury.

[Buenchico]

^^^ I think, Eddie, that Sammy is telling us that it was the same[i evidence that was thrown out in the civil case (after it was shown to be false) as was used in the earlier criminal case (where it was believed and [i]may] have led to a miscarriage of justice).

However if there was sufficient other evidence for a conviction on the charge of harassment, then the false evidence might not have led to any miscarriage of justice anyway.

[EDDIE51]

We need clarification. Sammy states '' I cannot afford to go through the civil courts in order for her to be to be arrested and charged with perjury''
I was pointing out that a charge of perjury would have to be brought in the criminal court ,not the civil court.

[Jackdaw33]

There is no legal aid for Defamation. Unless he is a very wealthy man I would not give the matter a moment's further thought. All bluff.

[Peter Pedant]

forget defamation - this occurred exclusively in court and so it you cant sue in defamation

Perjury is only a crime and not a civil wrong and so the only way is allege and offence. You start off by doing as BC suggests

I think your real issue is that the parents above you are harassing you.... and you should complain

and dont hold your breath ....

[sammy2512]

Thank you people for your comments. On 09.10.2015, my exs brother put 2 house bricks through my car windscreen the day he left prison for a sexual assault on a 14 year old girl. I had 'moved on' with my life & am due to be married on 23.04.2016. It wasn't just the FACT she lied about the length of the relationship or that she'd had minimal contact with me, it was also the fact she said we had not been in a sexual relationship after our split. This came about when she saw I was 'moving on' & had a few dates with another woman.... Green eyed monster springs to mind. Picture mms were obtained aswell as verbal texts, pics of parts of her body.... Why would anyone send those if there wasn't sexual contact? Why does she need to get her brother involved after so long? He pleaded guilty to my car on 05.01.2016, but gave totally mis-leading evidence, which wasn't questioned because he went guilty. He used a domestic excuse for his defence, looking for leniency...... His words, in court were, " he'd been in a relationship with 1 of MY sisters & upon his relaese went to MY sisters address hoping for a reconcilliation", she 'knocked him back' & in anger & frustration he proceeded to cause damage to my car...... The statement to the police upon admittance was this, "I had gone to my parents after being released from prison, but they wanted nothing to do with me, they called 999 wanting me removed from the property. i was angry & upset & so went 10 doors down the street & put A brick through Sammys car windscreen" This in my eyes was controlled anger as there were 7 other cars he could have picked on that night prior to getting to MY car....... NONE of MY 2 sisters have EVER been in a relationship with my exs brother, 1 of them doesn't even know WHAT he looks like....... The CPS have agreed its Perverting the cause of Justice & have now told the police to take statements from myself & BOTH my sisters with regards to questing him, under arrest, & they will then decide on what-if any- action can be taken. I will keep you informed..... The CPS have also stated that they've reviewed the initial trial of harassment & said once this latter matter comes to Crown Court- which it will, then they can ask questions that WILL bring these lies to the fore...... They have been handed by myself ALL the necessary evidence obtained by my civil solicitor & also the findings of District Judge Jack. I want an end to all this, for the sake of my sisters & my future wife- then myself. Thank You. :-)

[EDDIE51]

A far more complicated case than we had thought then!
At least something is being done about it.
Let us know how it turns out, but cases like this can drag on for years unfortunately.