ARCHIVE - Police and the courts
My crown court trial starts this month with my abuser and I had a phone call Friday at work from the police, asking if I could go to the station to 'unlock' the pattern code on my mobile as they have not took a copy of the 1000 text messags from him & his mum admiting the abuse and assualts and the harrasment I recevived since I ended it, until the police became involved and put him on bail.
The police had this phone as evidence since February and on 3 occasions assured me they had all the messages. I provided them with the code and they took off 3 messages. Now have lost the code, messages are not saved to sim and I can't remember the code, didn't write it done for myself at the time, as I trusted them and I was so embarrased and in such a state that I had to finally admit to the 2 and half years I spent under his control.
I already left a message with the CPS last Tuesday (waiting a reply) about other 'mistakes the police have made' but I'm taking tomorrow off work and going to their office to demand to discuss my concerns. The texts are the best evidence for my court case and when I said this to the police, their response was "well texts can be misinterpretated" and "it's still your word against his as no-one saw him hit you". Really don't know how they sleep at night, maybe one day they will get sucked in 2 and I hope the woman in charge of my case thinks about me when she's terrified.
So anybody that has any tips/experience that I can forward to the CPS tomorrow I would be extremly grateful. I've waiting nearly 8 months for the trial and now looks like it is being postponed as I do not want to go without the major evidence. A neighbour told me they could sent it to a specailist lab but that take weeks and the phone company can do it but it will delete the phone clean, totally undesired.
Hope your all staying safe x
Created by Orangutan on 15-Jul-12 15:47 GMT
i myself have had no real help off them myself, its no wonder women suffer in silence, they probably have no faith in the system. im unsure about unlocking your phone, but i do know that txt msg's do go through a msg centre, and i dont know if the content is stored but i know for certain the number and amount of times they've txt you is stored, this itself will not be enough tho, you do need the content of them, plus im unsure if they will date that far back. is there anything your phone network can do for you with regards to unlocking it? it might be worth asking them, if u explain the situation they might be able to use a programme to keep any data on it, i wish i had the answer for you i really do, i'd love nothing more than another scumbag to get his just desserts. good luck, i will keep looking to see how things progress xx
Posted by anxiousann on 15-Jul-12 15:57 GMT
ive just googled unlocking phones, but as i dont know the handest you have or network i cant really advise you, its worth you having a look, there is quite a lot of suggestions, you have nothing to lose and everything to gain xxx
Posted by anxiousann on 15-Jul-12 16:02 GMT
Yes i've contacted the provider, it's a HTC hero and if they do it they will remove the content. But I've spoken to a few people who say the police should send it to a fraud team. Criminals purposely lock their phones to prevent the police from reading, there has to be a peace of technology to sort this. I won't give up, I've come to far. I'll keep you posted x
Posted by Orangutan on 15-Jul-12 16:26 GMT
hope you get it sorted, keep smiling the finishing line is in sight for you x
Posted by anxiousann on 15-Jul-12 16:30 GMT
I have experienced the same problem. I had texts threatening to kill, maim, disfurgure me. Voicemails also. I informed the police technical team that the abuser used patois and had a strong accent. I was assured that a London officer with suitable knowledge would be interpretting them, if necessary. It took an enormous amount of courage to hand in this phone with it's damning evidence. The phone was duly confiscated and a week later I was recalled to collect the phone.
When my case came to court I was devastated to find he'd been given another suspended sentence (he was already on another one for ABH - work that one out). It turns out that the police had been "unable" to understand the patois or the accent and so had not even bothered to use it, get it interpreted or hold it as evidence). I only learned of this later when I was told that any phone used as evidence is held by the police until the court case. The fact that they had returned it to me was a clear indication that it was not going to be used. Again nobody told me. It is my belief that they were unsure of the technology or worse still could not be bothered to take the time needed to translate the content.
I made a scathing complaint to the CPS about that and other points of the case. I was told that as the cases against my abuser were still ongoing they were unable to process the complaint. As long as he keeps abusing the CPS will not deal with my complaint - lamentable isn't it? It's probably three years since I made the complaint but with another years Non Mollie to run I don't suppose they will have time to deal with it.
On the unlocking front you might like to look at this
I have requested information from the police on Freedom Of Information Act (FOI) as I wanted to be able to access my police notes to see if they were accurate. They didn't like it and sent me enough disclaimers to wallpaper my house. But if you are serious it is a way forward. I felt it was a double edged sword. I felt that it would show the police that I was serious but I also thought I would not like to ruffle their feathers. What a ridiculous decision to have to make.
I have since requested that all appropriate text messages are copied out, by hand, by an officer, signed, dated and witnessed. This time It was irrefutable in court and one of the quickest and most positive results I have ever had.
We live and learn. You sound pretty sorted and forward thinking (I know your head is probs racing at 100 miles an hour) so keep on slogging away for what should be our right not a "gift"
Posted by justbecoz on 16-Jul-12 11:13 GMT
Thank you all. Finally managed to speak to CPS and they feel they can convict him without the texts, but they will discuss further and told me that if needed they will instruct the police to send to a hi tech lab where they can over-ride the code. I was pancing about the time as ment to be in court next wednesday.
However, I had a call from the witness team today to say he has postponed due to wanting a defense witness, so without any liasion with me or CPS he and his team rearranged to september, happy days!
I'll keep you posted. Night all x
Posted by Orangutan on 17-Jul-12 22:36 GMT