FALSELY accused of racial crime

[Michelle_D]

Hi, my husband was recently falsely accused of Racially aggravated harrasment/alarm/distress contrary to Section 31(1)(c) and (5) of the Crime & Disorder Act 1998.

He was travelling in his car and was cut up by another driver, my husband beeped and swore at him and the other driver slammed on his brakes, got out of the car and angrily shouted "whats your effing problem?" My husband got scared and quickly locked his doors and wound up his windows.

The next thing we know is that later that evening the police arrest my husband on the above stated charge as the other driver called the police stating that my husband had been hanging out of his car window shouting "you effing n*****" over and over again - this really isnt my husbands style of behaviour! Unfortunately the other driver also had his girlfriend in the car who is also saying this happened so it is their word against my husbands. And throughout this my husband has really been treated as a criminal by the police, when ironically he is actually the victim :o(

Unfortunately we have been unable to access Legal Aid and are unable to afford a solicitor or any legal guidance (although the other driver has the full weight of the CPS on his side for free) and therefore my husband will be standing up at a Magistrates trial TOMORROW completely UNREPRESENTED!

My husband works in the supported housing sector with vulnerable adults in minority groups and therefore this charge could be life-changing because if he is found guilty he will lose his job and career.

Does anybody have any advice, suggestions, help or guidance they can offer as i am very scared that my husband is going to be found guilty for a malicious claim that he really didn't do.

Thanks

[Michelle_D]

Hi Danchip - half of the court staff were off sick so the court didnt get time to hear the case - it has been adjourned until Feb 2011. I think i am gonna get in touch with the local university to see if any final year law students fancy getting involved, helping out and getting some experience.

[wolf63]

It really a shame that the trial has been delayed until next year - I would want to get it out of the way.

However getting a law student to help is a great idea - I have found that new/student professionals (esp doctors) are very keen and enthusiastic.

Keep us updated please - it is a bizarre thing to be accused of.

[Michelle_D]

Thank you for your interest, i will keep you updated. And yes, i wish it was just over and done with - really wish it wasnt going to be hanging over our heads over xmas, but i guess just have to deal with it as best we can.

[danchip]

i know it easier said than done but try and not let it affect you too much, have a good christmas and worry about it in the new year!

[Michelle_D]

Hey guys - dont know if any of you are still following this thread but thought i would give an update anyway!

So, the bad news is that we have just lost a load of tax credit income - which means we are skint.
The good news is that due to this loss of household income we are now below 'the threshold' and have been granted legal aid... HURRAH! >_<

So, the court case is on the 22nd Feb, and whilst the truth still may not be seen and this guy might be believed at least i now feel that we stand a chance... phew. The papers etc are now with our solicitor and it turns out the other guy has previous convictions which have been witheld - obviously the solicitor is on the case to find out what they are... really hope it is about fraud/deception or something.

I'll let you know how it goes!

[wolf63]

Good luck at court on the 22nd.

[feddal86]

Hi my husband has similar issue charged with calling muslim tesco worker muslim c*nt which he didnt as he is muslim himself. Over my husband trying to deliver goods to the store and tesco worker wouldnt even sign for it or sign refusual. Tesco worker was arguing on telephone with someone in beginning and husband just asked if he could quickly sign so he could go to next timed delivery. Tesco worker started shouting at him and when husbandsaid he cannot speak to him like this he isn't memberof his staff and even if he was he can't talk to him that way either. Next thing he says to fellow staff that husband called him a muslim c * nt. Other tesco worker was threatening him aggressively saying say it to me say it to me. Husband was scared and confused. Then was told he called him muslim c * nt. Now they are saying they at witness to husband saying it. Police say cctv wasnt working husband said check lips so evidence he didn't say it. Then police change it saying only back of head can be seen. Causing so much stress especially with me just diagnosed with crohns and having two children 3 &1yrs. What was the outcome of your case.