eventually gave up his appeal on advice from his solicitor
To Whom It May Concern
RE: Criminal Damage Appeal
After careful consideration of the advice given by my Barrister I feel that I have no alternative but to withdraw my appeal.
IN NO WAY IS THIS AN ADMISSION OF GUILT, AND I CONFIRM AS I HAVE DONE ALL THE WAY THROUGH THIS CASE THAT
I AM NOT GUILTY.
My reasons for dropping this appeal are purely based on the fact that as council has agreed, the actions of the police to refuse to act on our 999 call or take a witness statement until a month after the event from my wife has irreversibly damaged the credibility of her statement. Had they done as they promised and returned to take a statement from her while I was in custody there would have been no chance what so ever of the question of a coercion or fabricated statement from my wife “to help her husband”. At best the “seed of doubt has been planted”. The police have categorically refused to investigate this until after the hearing is over. This eliminates any chance of a 100% fair trial.
On top of this I have been warned by a member of Thames Valley police that the Newbury Police do not like me as they know I am a friend of Mr Dave Courtney and are “determined to nail me”. The reason for the meeting with this officer who I knew and trusted was because my wife and I were receiving hate mail and threatening phone calls. The only people to have access in full to ALL of my details were the police. My wife and I both feel that it is better to drop the case than risk this starting again or becoming worse when we have children to consider.
I find it more than concerning that the man that has brought these allegations has no witnesses and at no time has proof ever been offered as to the alleged damage or how it was supposedly committed. However a charge against the same man on the evidence of me, my wife and an independent witness for public order offences (S.4, 4a and 5) were dropped by the Crown Prosecution Service on the grounds of “insufficient evidence”.
As I am sure you will agree this is less than even handed and leaves me with no confidence whatsoever in the justice system. I therefore cannot risk further damage to myself or my family. It is solely for this reason and no other that the decision to drop this case has been decided. Once again
I CONFIRM AS I HAVE DONE ALL THE WAY THROUGH THIS CASE THAT I AM NOT