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Victims of Criminal Damage - Have we been Treated Fairly in Court?

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Can I, or should I be sending a copy of this to the Home Office, possibly as a complaint? Can I, or should I be making a complaint to the Department of Works and Pensions?

 

I was one of the victims of criminal damage. It was part of a seven-year campaign of harassment. It went to court, he was found guilty, but only received a conditional discharge. A one-sided and provably untrue version of events was presented to the court by the defence and we had no right of reply. The judge said the defence lawyer should have asked us about the things she was asking the defence witness, but then let her say anything she wanted unchallenged. It destroyed our reputation. It probably made his sentence lighter. We could have demonstrated it was a lie if we were questioned when we were the prosecution witness. Much of what they were doing to us they claimed we were doing to them. Some were not small lies, but big ones, falsely claiming the police had banned us from walking on the pavement past their house. We have been victims of these lies for years and now he has been allowed to use a courtroom to repeat these lies without being challenged.

 

Three days after the trial he started his harassment again and has done something literally every day since for six months. I still hide in the house and never use our garden as a garden. We only leave our property by car and never walk into the village past his house due to his bullying and his setting up scams.

 

He never turned up to court the five times he should have been there, even the final trial. Unknown to us he was claiming he had mental illness. His mental health claims do not match what we experience. In reality he is cocky and arrogant with a God complex, but was portrayed as a timid, delicate man.

 

His partner claimed he had agoraphobia, only feeling safe in his house and garden. On and around the court dates he was walking his dog, driving his car and joining neighbours walking down the road spreading false rumours loud enough so we could hear as he walked by our property. He appeared to be enjoying this. The court was not told about this. He still walks his dog away from his house even today. She also claimed he had depression, but has been having a lot of fun harassing us over the years. Three days after the trial he climbed a tree overlooking our property, grinning at us as we cleared up the mess he had caused over the year.

 

At the end of the trial when it was clear the judge was going to find him guilty, the defence lawyer also claimed he had paranoia. She also claimed he had an honestly held belief to justify his criminal damage.

 

Note: Unknown to the court, both the defendant and partner have claimed they worked for mental health. He claimed he did so for 15 years. He stopped and has been living on benefits since 2012, coincidently the same year he was convicted for two counts of battery against someone else. He has boasted to us, and i believe others, that he is rinsing the system.

 

There was a piece of evidence that had been given to the police/CPS that implied he knew his belief was not true, but that was not shown to the court. That may have also convinced the judge about his calculating character and questioned his so-called paranoia. I had discussed the importance of that with a young police officer and another police officer who attended my mother on a court day incident months before the final trial. They appear to have not informed the CPS. Also, the police had allegedly told him his belief was not true before any of these attacks on our property for the court related case. Again, this was not told to the court.

 

We replaced the damaged property about five months before the trial. He was continually throwing debris, dog's mess etc into our garden and onto our roof. It would startle us when he did it on our conservatory as we entered that room. He knew we were there even with all blinds closed.

 

He then attacked the replacement 535 times. This was not told to the court. Just 15 minutes before the first of those 535 attacks the police handed his full-time carer/partner a letter saying his belief was not true. The police alleged he filmed this. This was not told to the court.

 

The carer/partner told the court his belief **was** true. She is not claiming she has mental health issues. We were not asked in court about what the police had told them and she did not offer that information. None of the vast amount of CCTV evidence as he started his attacks was shown to the court that showed his belief was definitely not true.

 

He delayed the case for a year while he argued technicalities. He also tried to get incidents they were engineering throughout the year submitted into the case to possibly damage our reputation. We were reporting those incidents to the police. They were causing us considerable stress. They were also possibly emailing these incidents to the council, possibly to try to establish his claim of an alleged honestly held belief. We did not know that at the time. We were phoning the council to try to get them to stop the harassment, but the council lady was never there and did not phone us back. She still has not done so since the trial.

 

When the judge asked us why we had installed CCTV, it was the only opportunity we had to mention the harassment campaign in court. We started giving details of strange and disturbing incidents that happened. However, before we could say anything that we could connect to the defendant, such as an assault he did against our eighty-year old father on our property, the judge said he got the idea and shut us up. I do not understand how a judge knows what you are going to say without hearing it. Is that allowed?

 

The defendant sent in his partner to be his witness. She asked for screening saying she was terrified of us. This did not match the video of her calmly leaning on our gate away from their property after he had assaulted my elderly father. Of course the court knew nothing about that. (I am concerned that he might have claimed something similar and that was why he did not turn up to court. This would not match the wealth of film we have of him standing on a chair overlooking a six foot fence shouting foul and disgusting abuse at us leading up to the trial. The neighbours heard, but appear unaware of his mental health claims so this will have damaged our reputation further.)

 

The defence lawyer asked the partner about us. She then started lying her head off, destroying our character. The judge stopped her and told the defence lawyer she should have asked us those questions. However, he then said he wanted to hear it and let her continue without challenge. I do not understand why the judge allowed that to happen. Is that allowed? Can we complain?

 

The defence witness, now knowing she would be unchallenged, then started to really lie. For example, she falsely claimed the police had stopped us walking past their property. The police have never restricted our movements. The reality was the defendant had received a harassment information notice which he ignored. Then, I believe in retaliation, every time we walked by both he and his partner would engineer situations to try to make counter claims. In 2015 we ourselves decided to stop walking by and have not done so since. This was due to the scams and the extreme stress this was causing our elderly mother who has a stress related medical condition. This triggers a condition that requires a procedure and that carries risk. He knows she has a stress related condition. We are cut off from the village by walking due to his bullying. Effectively, the partner completely distorted reality and turned an incident of harassment by the defendant into making them look like the victims. We tried to walk by after the trial, but again he spat at us, so again we have stopped.

 

The carer/partner lied about many other things, some of which we could easily prove were not true if asked.

 

The defence lawyer must have known she was going to ask these questions, but did not ask us. So I am concerned she was knowingly trying to get these lies into the record without challenge.

 

Not a word of our witness impact statement was read to the court, even though we had evidence of much of what was in it. The prosecutor was completely unaware the impact statement existed. We were told the defence lawyer would see it, so that may have been another reason why the defence lawyer may not have wanted any challenge to the partner's testimony.

 

The defendant was also engaged in sleep deprivation from the moment he realised he had finally been caught about a year before the final trial and then all the way up to the trial. For example, by banging our outside wall between 12am and 3am. We had some good proof of this, including a 14 minute attack a week before the first trial date at about 1am where he had failed to cover our CCTV camera properly. You could see the pole coming from his garden. The police did not view or collect this as normal and allowed this to continue all the way up to the trial. Sometimes we would phone the police multiple times a day and our earlier phone calls for that day had already been lost. We had to turn up to the trial at our wits end, tired and agitated. This was in our witness impact statement, but was not told to the court. There were 27 attacks on the day before the trial. I do not understand why defendants are permitted to compromise a witness up to the trial and this is not mentioned in court. He was also boasting he would not have to turn up to court and his partner was going to say foul things about us. I think this was intimidation. All this was unknown to the court.

 

Shortly after the sleep deprivation started my mother had a medical incident and had to go to hospital for the procedure again. This was the third time it has been triggered at a time when he was causing extreme stress. As normal, this was not known to the court.

 

The defendant attacked our property on one of the trial days he did not attend when my elderly mother was on her own. She thought the roof was caving in. He was the only person there in his house. We had CCTV evidence that showed the attack came from his property. All our other cameras showed no one entered or left our house or garden until the police arrived. He was not questioned as normal. This was in our impact statement which was not known to the court. We had to stay up with our mother all night as she was having medical problems.

 

We reported something to the police about that attack we did not understand. Months later in the court the defence lawyer said something that could have been related to that incident. It could have implied he was tampering with the evidence after the event to try to pretend something of minimal value was damaged instead. This was not known to the court.

 

During one of the rants in the week or so before the trial, the defendant stopped ranting suddenly and then put on a victim voice saying he was depressed. This was really unusual as he is always really cocky. In the final trial we had to wait about an hour while they argued technicalities before we gave evidence. During the trial the defence lawyer said we knew he had mental health issues. I am concerned they may have been setting up a ruse in that hour to create an illusion for the judge.

 

When we were asked if we knew he had mental health issues the judge shut us up and said something like we could not know his mental health status. What the judge did not realise is we might have evidence that could dispute he had mental health problems at all.

 

When he was found guilty the judge said something on the lines of his two counts of battery in 2012 against someone else were nothing, but he had taken no evidence from us to realize this type of intimidating behaviour was happening to us and election canvassers since. Also, one of the court case related attacks was very aggressive, but was not shown to the court.

 

The judge did not say it directly, but implied it with a story he told that we should just pick up the dog's mess he was throwing. The judge was unaware that a lot of the dog's mess was being thrown on our roof and clogged up our guttering, which resulted in a major and disgusting job. This continues to this day.

 

The defendant has never been questioned by the police since we first contacted them in 2015, even for the assault against my father in 2016.

 

For the court case he kept on bullying us on a daily basis for weeks while he refused to be questioned by the police. A community officer ultimately insisted he go into the police station. He went in, had a rant, refused to be questioned or sign anything and left within three minutes. The judge was told about the latter, but it appeared to have no effect on sentencing. The judge was not told about his other refusals to be questioned.

 

The 535 attacks, and all the abuse throughout the year has been written off and not addressed by anyone and unknown to the court. Our inability to work due to lack of sleep literally destroyed our business as a result. As mentioned the defendant continues to harass us almost every day.

 

His mental health claims do not match the evidence that was withheld from the court. In fact, you could say it shows a very calculating person. There are other very serious reasons why the defendant could be successfully lying about his mental health issues.

 

I have written to the DWP and they effectively said to go somewhere else. They were named in court as proof he had these mental health issues. Also, I think the judge said there may have been a note from the DWP. It was not read to the court and once again not challenged.

 

The defendant has boasted to us he had access to two of his children removed at one point, but they were returned at a time when he was harassing us. The DWP or social services employee who did this may have been the person who wrote the unchallenged note to the court and therefore could have a vested interest to hide her failings.

 

What can be done? Were we treated correctly in that court? Was it correct for the judge to allow her provably false testimony to be entered into the trial which destroyed our character without giving us a right of reply? Was it correct for our witness impact statement to be 'lost', especially when we had proof of much of what was in it? Was it correct for the evidence that disputed his claims of an honestly held belief to be withheld from that court? Was it correct the judge took no evidence from us about either the defendant's or partner's character, but allowed her to totally destroy our character? Was it correct his claims of mental health were not challenged, especially when there were these more serious reasons to challenge those claims?

 

I see little point in phoning the police as they ignore crime, even when we have good evidence. Only the community officers ever seem to want to try to stop him. There is no point in phoning the council as they rarely ever want to talk to us and may even be used by the defendant to manufacture a defence.

 

Our lives were bad before the trial. They are much worse since. A few days ago the council have been cleaning up handmade road signs the defendant put up along the road that are mimicking real ones. We have had significant retaliation from the defendant possibly as a result. Today has been another bad day with him ranting at my father as he walked by our property with the child that is not biologically his. Surely the biological parents have a right to know how he uses his children? He has also thrown stuff into our garden again today. Life is a constant chore. We live with are curtains almost constantly drawn, or he films us or harasses us in some way when he sees us. Our lives are hollow and without meaning as we have to live under his rule in his twisted world. What is worse is they are never held accountable, challenged or questioned about the provable lies, not even in a court.

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I wanted to read this and comment but it's 3,000 words. I don't have the time to read it. Could you give a summary of the main issues? Thank you.

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The judge allowed the defence witness to destroy our character with things we could prove were lies and we given no right of reply. For example, she falsely claimed the police had banned us from walking by their property on the pavement. The reality was he received a harassment information notice which he ignored and then bullied us out of walking by. We have not walked into the village now since 2015 because of his bullying. She completely reversed reality. These lies may have made his sentence lighter. Do we have a right of complaint? Can we write to the Home Office or somewhere?

 

 

 

The defendant claims he worked for mental health for 15 years, but this was not told to the court. He stopped and went on benefits in the year he was convicted of battery against someone else. In court he claimed he had paranoia, agoraphobia (only feeling safe in his house and garden) and depression. This appears to be a lie. Evidence that was withheld from the court implied he does not have paranoia. He regularly leaves his property, even on and around the 5 court dates he never attended, so does not appear to have agoraphobia. He has been having too much fun harassing us to have depression. Can we complain to the Department of Works and Pensions? They were named in court to say he had these mental health issues. They also possibly gave a note to the court which again may have been lying about us. I believe they have been responsible for preventing him being questioned by the police all these years.

Edited by 8YearVictim

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The Prosecuting Solicitor has the Right to cross examine the Witness in a Criminal trial.

What was the Charge?

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What an awful situation for you.

 

It sounds like the CPS prosecuting solicitor was ineffective. The solicitor secured a conviction but with what sounds like a wholly inadequate sentence. And CPS failed in its duty of care to victims. Maybe a complaint to the CPS is the route to go? It's not an arear I know much about though, I'm just speculating.

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The Prosecuting Solicitor has the Right to cross examine the Witness in a Criminal trial.

What was the Charge?

 

 

The charge was 2 counts of criminal damage. He was found guilty of both, but only got a conditional discharge. The judge imposed a fine, which he reduced to half when he saw their alleged income. (He claimed to be on full benefits and she claimed to be a full-time carer.)

 

He owed us half the damage cost, but he also owed a considerable amount to the CPS because he had delayed the case for a year and constantly argued technicalities. They were engaged in setting up situations through the year which they were trying to get included into the trial. For example, we put our bins out Monday evening. He would be lying in wait, film us and shout we were looking over the fence into his garden. However, we had good CCTV showing us on our property nowhere near the fence, then when he started shouting my brother got out a hand-held camera with sound to show what he was shouting. The movements of the mini-camera matched exactly with the CCTV. However, these set ups were rejected even without seeing our proof. He was also possibly emailing these incidents to the council, possibly to try and give gravity to his alleged honestly held belief.

 

 

The CPS lawyer kept her microphone off whenever she stood up, so we could never hear what she was saying. However, she hardly stood up and did not cross-examine the witness when the partner told her lies. This was put on record without challenge.

 

When the defence lawyer started asking these question, the judge said she should have asked us. The two lawyers said something with their microphones off and then the judge said he wanted to hear it. The defence witness was then allowed to lie without challenge. The judge had to call my brother back after the defence had finished because the prosecution had forgotten to established that legally defined damage had occurred. However, the judge did not take that opportunity to ask about any of the lies the defence witness had told. My brother could easily have proven they were lies.

 

 

The judge kept on questioning her though occasionally. He kept on repeating, 'What on the pavement?' She ultimately said, 'Yes', then the judge said, 'Ok then', and it was left at that.

 

She said she was bemused about what was going on and claimed the problems had started when he was building a fence. She falsely claimed it had only gone up a few inches. It went from 4foot to 6foot. Also it was originally a solid fence so you could see when he was watching and filming us in our garden. However, he made the new fence with gaps in it, so we never know when he is watching us now. However, she lied and said we were watching them.

 

What she did not say is the problems started years before when he appeared to be getting enjoyment out of giving us rats. They keep poultry and have constant rat infestations which spill over into our property. The council allowed that to continue for years and only decided to get something done just before the trial. As for the fence, he was getting enjoyment out of moving the fence right up to our retaining wall (we are lower). That is bad building practice. The landlord would not stop him and even allowed him to drill into the foundations of our wall. She did not mention this. We have ourselves on film asking him to stop moving the fence and asking him to stop drilling into our wall. He does not stop and continues. We also have the landlord on film. We had to call him out four times, but he let his tenant continue.

Edited by 8YearVictim

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... (He claimed to be on full benefits and she claimed to be a full-time carer.)

 

I do not understand how they can afford a private lawyer for a year and rent their above average property on full benefits and being a full-time carer.

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Incidentally there is an independent body that investigates complaints against judges

 

https://judicialconduct.judiciary.gov.uk/making-a-complaint/

 

But note the limits of what it can investigate.

 

Our statutory remit is to deal with complaints of misconduct. This means how a judge has behaved personally, e.g. making a racist remark, inappropriate use of social media, or falling asleep in court.

We cannot accept complaints about a judge’s decision or the way a judge has managed a case.

 

So this might not be of much use to you. Generally "complaints" about how a judge conducted a case can only be dealt with by appeals.

 

Info here on complaining to CPS

 

https://www.cps.gov.uk/feedback-and-complaints

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With all criminal cases things need to be looked from a very wide angle.

He was the defendant, you were a witness.

He has been found guilty on both counts of criminal damage.

Doesn't matter about the ins and outs of the case, he's been found guilty and now has a criminal record.

You wanted to be acknowledged as the victim and explain every little incident to the judge who instead was only interested in the charges against the defendant.

Most criminals lie, their partners assist them, cps and judges have seen this before and can smell a lie better than a fart in a lift.

Do they make a big deal about the lies?

No, otherwise more and more time would be wasted in irrelevant matters.

What counts is that he's been convicted.

I call that a result.

Also, if you don't like the punishment, you should complain to the members of parliament, they make laws and set punishment and guidelines for it.

Forget about all of this.

If your good neighbour starts bothering you again, call the police, especially if you feel in danger.

Call them enough times and he'll be bored to get nicked.

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With all criminal cases things need to be looked from a very wide angle.

He was the defendant, you were a witness.

He has been found guilty on both counts of criminal damage.

Doesn't matter about the ins and outs of the case, he's been found guilty and now has a criminal record.

You wanted to be acknowledged as the victim and explain every little incident to the judge who instead was only interested in the charges against the defendant.

Most criminals lie, their partners assist them, cps and judges have seen this before and can smell a lie better than a fart in a lift.

Do they make a big deal about the lies?

No, otherwise more and more time would be wasted in irrelevant matters.

What counts is that he's been convicted.

I call that a result.

Also, if you don't like the punishment, you should complain to the members of parliament, they make laws and set punishment and guidelines for it.

Forget about all of this.

If your good neighbour starts bothering you again, call the police, especially if you feel in danger.

Call them enough times and he'll be bored to get nicked.

 

 

Thanks for explaining, but I feel more of a victim than I did on the day before the trial. My business is in tatters, due to the year of sleep deprivation.

 

 

He still has not stopped. Almost every day since the trial he has harassed in some way. That is six months now. They have been engineering incidents all the time. We are in a constant state of stress. My mother has had several close calls.

 

 

 

Today has been a bad day. Today feels like he has tried one of his recent con-tricks, gone to someone, been told to go away, and we get the retribution. He has been angry about something. It seems to be linked to his recent activity.

 

 

I do not see any point in going to the police. They did nothing about the 535 attacks leading up to the trial. We had even better proof of that than we had for the court case attacks. There is no point in going to the council as that lady never phoned us back.

 

 

Anyway. Thanks for the reply. I just feel so low every day of my life. I believe he has a God complex, and the system is saying we have to be under his rule because that makes it easier for them. We are unimportant.

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Did I understand this correctly?

You reported 535 incidents to the police and they didn't do anything?

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Did I understand this correctly?

You reported 535 incidents to the police and they didn't do anything?

 

That is correct. To explain further.

 

There were about 50 attacks in Spring/Summer 2017. The first were ignored by the police because the CCTV did not show who did it. They just showed the attacks came from his garden. Then he got cocky and attacked the CCTV camera so hard it broke the bracket and the camera swung around and showed it was him. That was the court case for which he was found guilty, but only got a conditional discharge and a large fine he had to mainly pay to the CPS.

 

The court saw the main attack on the CCTV. However, the police or CPS withheld the CCTV footage of the few minutes before that attack. That showed the camera was not looking in his garden before the attack. It then showed both cameras were pushed into the wall before he leant over the fence and started the main attack.

 

His lawyer claimed in court he had an honestly held belief the cameras were looking into his garden. This means he was claiming the CCTV cameras were showing him carrying his beam of wood in his garden approaching the cameras to start his attack. BUT he felt the need to hide his identity by pushing them into the wall before his main attack.

 

When my brother tried to mention this few minutes before the attack, the judge shut him up saying a Latin phrase. I do not know what it meant.

 

Also the police or CPS withheld from the court that a sergeant had informed them the cameras were not looking into his garden before the 50 court case attacks. [see the note below about this sergeant.]

 

Also the police or CPS did not say that about 16 police officers who had stood in front of our CCTV display and saw they were not pointing in his garden every time we called the police to report this and other crimes leading up to the court case attack.

 

Luckily the community officer who knows his character and who prepared the case for the CPS must have mentioned that we had not pointed the cameras in his garden. The judge said something we had only reported to that officer and the judge repeated in court almost verbatim.

 

Then the defendant started banging our wall at night almost every night between 12am and 3am. He would also throw loads of stuff at our house and windows etc while these cameras were out of action.

 

In November 2017 we replaced the camera, because he would not make a plea in court, repeatedly failing to turn up while still daily bullying us. The camera remained in place for two days, and then we had a random visit from the police. He claimed it was looking in his garden. It was not. The police already had a letter prepared and took it straight around to him and reported it was not looking in his garden. Just 15 minutes later he started attacking the camera again. This was the first of the 535 attacks which went on from November 19 2017 all the way up to the trial. There were 27 attacks on the day before the trial. He smashed the camera so much it lost its colour function and would only do Black and white.

 

These 535 attacks were not reported to the court.

 

The police did nothing about those 535 attacks from November 2017 to April 2018. We had hand-held camera footage showing it was him. He would also shout foul and disgusting abuse at us claiming we were after his female partner and his male children. We also phoned the council to report the abuse, but the anti social lady at the council was never there and would not phone us back.

 

These 535 attacks have been written off.

 

Sometimes we would phone the police multiple times a day. Sometimes our morning calls had already been lost.

 

These 535 attacks and the year's worth of sleepless nights due to banging on the wall were not reported to the court. We had some proof of the banging at night where he failed to cover the camera properly one night. You could then see a 14 minute attack showing a pole coming from his garden. This was not viewed or collected by the police.

 

We were at our wits end, really tired and could not think straight in the court, but that was not even mentioned to the judge.

 

The CCTV of the court day attack when my mother was on her own was again not viewed or collected by the police. They did not question him. The CCTV showed the attack came from his garden when only he was there. Our other cameras around our property showed no one entered or left our house or garden until the police arrived.

 

Note about the sergeant: This is the same sergeant who allowed him to assault my eighty year old father, but did not question him. On the night he wanted to close that case down, we told him we had given them a small piece of evidence that showed the assault took place. We had hand held film footage showing their friend saying things that confirmed this. (She was trying to stop us phoning the police claiming she would be a witness for her friends, but she was giving away the assault had occurred.) The sergeant rolled his eyes and said that happened about six months ago. He still did not question him. When we were talking about his aggressive and intimidating behaviour, the sergeant said he could not question the decision of a social working. In the trial we found out he had been convicted of battery in 2012. So it sounds like this social worker had said he was cured of his violent ways when he had not.

 

We had a visit from one young police officer who came from this sergeant near the start of 535 attacks, possibly around the 100 mark. We phoned the police due to the lack of sleep due to the banging on our wall at night and the vast amount of time it took to get these cameras back into action. This officer said it was just a neighbourhood dispute. I asked if that meant he could keep on doing this and the police would do nothing. He said it might be harassment, but he would have to ask his sergeant. We never heard from that police officer again. We later found that crime number had been shut down the day afterwards, but we were not told for several months.

Edited by 8YearVictim

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Not good, not good.

What police force are we talking about?

Ever thought of complaining to the iopc?

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You have documented evidence (diary, logs, cctv) of over 500 incidents? I'm not sure about the criminal damage but surely this is a case of harassment?

 

 

If you are not happy about the police's response to this I would be making a complaint to the Chief Constable. Check their complaints procedure.

 

 

If you are a victim (and you would appear to be) you should probably check the CPS complaints procedure too.

 

 

The judge can only work with the evidence provided. The judge may have been wrong, but it sounds more to me as if the police and CPS have not done a good enough job.

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It has been another tough day today. At one point he even threw an apple onto our conservatory roof which banged really loud as we had lunch. We had good CCTV showing it came from his garden.

 

Not good, not good.

What police force are we talking about?

Ever thought of complaining to the iopc?

 

If you are not happy about the police's response to this I would be making a complaint to the Chief Constable. Check their complaints procedure.

 

I am not sure I want to say specifically which police force it concerns in this forum, but it is on the west of the country.

 

The community officers have tried to help. They are less susceptible to their lies, possibly because they have had their own dealings with him before we ever went to the police in 2015. One police person alleged he would make pig-oinking noises at her. If we put in a complaint it might unfairly try and blame them, rather than the officers that may have done wrong.

 

However, when it gets back to the sergeants they always want to shut our complaints down. For example, our complaint about the assault in 2016. I am sure the sergeant who dealt with the assault did not believe it had happened. He made my 80 year old father submit multiple statements. In the last statement he was asked why he had gone out the back door, then asked him what happened when he got around to the front of the house. The assault happened in between, so it appeared to me the police were trying to leave it out or try to confuse him.

 

On the night the sergeant wanted to shut that complaint down I started picking out some of the obvious flaws. We had a piece of evidence that showed the assault took place. That is when the sergeant rolled his eyes as it started to dawn on him he had made a mistake. This flawed investigation may have even been reported to Asbrac in its flawed state.

 

Some of the other lies the defendant told in our 2016 complaint could easily be shown to be impossible. The case was not reopened and those many flaws have never been addressed. I am concerned they may be trying to hide something that went wrong with that investigation.

 

You have documented evidence (diary, logs, cctv) of over 500 incidents? I'm not sure about the criminal damage but surely this is a case of harassment?

 

Yes, we have all of the 535 attacks from November 2017 to April 2018 on CCTV. You typically see a pole from his garden covering the camera before he starts banging on the wall, etc. We also have occasional accompanying hand held camera footage showing him doing it.

 

(We also have CCTV of other incidents, such as dog's mess/mud being thrown at our conservatory at that time. We also have the CCTV of a large chunk of mud landing in our back garden from the back field. My brother visually saw him do that from a back window, but the CCTV only shows the mud as it enters our garden. One of his favourite pass-times at that time was throwing large chunks of mud at our back fence, which would break the panels. I think he missed on that occasion.)

 

For the 535 attacks the police did nothing for most of the time. I think they were waiting for the trial, because he was brazenly saying the camera was looking in his garden even though it was clear it was not. He was even claiming it was a Point-Tilt-And-Zoom camera, even though you could clearly see it was not. He was also claiming we were moving it, even though each and every attack shown on the CCTV showed it was not looking into his garden.

 

In the hand held camera footage he was even boasting saying where were the police if he was doing anything wrong?

 

When I complained to the police they were not collecting the evidence, they ultimately sent a PC to take a statement. However, this time they sent one from another town a lot further away, rather than the local town. This was at about the 400 attacks point. She showed us her sheet saying she could not discuss the court day incident against my mother, or anything before. We talked about the number of attacks before the statement was made. However, during the statement she did not write down the number of times the attacks had occurred. When I asked if the number of times had been mentioned in the statement after it had been signed and she was about to leave, she said no and would not put it in. I think that made it appear inconsequential, rather than prolonged, sustained acts of harassment and intimidation.

 

We gave this officer a USB stick of the CCTV of the two specific attacks she asked for that had just happened, but we also snuck in some of the earlier attacks where he was openly being very abusive. We also provided the incident where he dived out of the way when we addressed him about the police had just told him the cameras were not looking into his garden. I believe that helped show he was calculating, because at that time he would have known he was going to try and claim he had an honestly held belief it was looking into his garden. (We did not know it at the time, but it would have also questioned his court claim of having paranoia.)

 

It got back to a crime officer and she phoned us. She said they were thinking of arresting him and show him the footage to show it was not looking into his garden. She also said it might constitute intimidation (of a witness). She said she had to talk to her sergeant first. Then once again, we heard nothing. They sat on it and did nothing allowing it to all continue on a daily basis multiple times a day all the way up to the trial. When we phoned just before the trial we found they had not arrested him. They put it down to harassment, but took no action at all. They do not appear to have even passed it onto the council for them to deal with. This means literally a year of our lives has been written off where we have been provable victims of harassment. The court was not told, the police have done nothing and the council have done nothing.

Edited by 8YearVictim

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Are you intimidated, alarmed and distressed by his behaviour to the point that you fear for your life and that of your relatives?

If the answer is yes, you must go to the police station with your large file of 500+ incidents and use those exact words.

If they refuse to take this seriously you have to take the collar number of the officer in charge and complain very robustly to the iopc.

Also, find who's responsible for antisocial behaviour at the council (you need a name and position) and address them personally.

If they don't listen start a formal complaint.

After all of this fails, get your local mp involved, pointing out the police and council inefficiency in dealing with this.

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What a nightmare. I would be talking to the police more regularly - each time he harasses you. I wonder if more frequent reports would help.

 

You could consider taking civil action as well, under the Protection from Harassment Act? Though this would be to claim monetary damages rather than a criminal sentence.


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What a nightmare. I would be talking to the police more regularly - each time he harasses you. I wonder if more frequent reports would help.

 

You could consider taking civil action as well, under the Protection from Harassment Act? Though this would be to claim monetary damages rather than a criminal sentence.

 

 

 

 

 

I may be mistaken but I thought the police did have a role to play in cases of harassment?

 

 

It may only be a civil matter, but couldn't the OP get an injunction against the neighbour?

 

 

EDIT: You need to follow that police force's complaints procedure and/or write to the Chief Constable and/or Crime Commissioner (or whatever they are called). There is no point going to IPCC until you have done this.

Edited by Manxman in exile
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