Home Date: 19/09/2017
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No Independant Witnesses?

This is an ongoing and very scary story about my 24 year old daughter. For the past few months she has been consistently attacked, both physically and in the form of damage against her home, by her male neighbour. He has some sort of fixation with her. My daughter is a small [4ft 11] girl, but is fiercely independant. The male neighbour who has already been imprisoned for a few years for a violent crime [To my knowledge] turned on her and one night, burst into her flat and beat her to a pulp. Her face was terribly swollen and there was fluid on her head. Her face was also blackened. The police were called as it was in progress or at least while he was there. They took a long time to arrive and despite the state of my daughter, did not even go into the accused flat to speak with him. Instead, a couple of days later, when all evidence was gone, they arrested him. He cited no comment in the interview and they let him go. They sent all details to CPS and they replied NFA because no witnesses. [How she was supposed to have a witness when he burst into her house amazes me. ] She was distressed but determined to carry on for the sake of her young son who was in the house at the time. Every day after that the man phoned multiple times threatening to kill her. Finally after receiving a call from him that he was on his way to her house, to do just that, she yet again dialled 999 and also the normal police line. Nobody turned up at all all night. Luckily, neither did he. The calls continued and my daughter would not leave the house because he could see whenever she did. My daughter was also attacked in the street by a large woman in her late 40's who was drunk and screaming and known to the accused and his girlfriend. My daughter saw the woman, another girl, plus a man running at her in the street. One had a knife and one had a pickaxe. As the woman went to hit her, my daughter hit first and the woman fell. My daughter ran as fast as she could and the police were contacted. My daughter was arrested and has at some point to return to the station to find out what if anything will happen. The police aren't interested in self defence or the continuing history. Finally, last night, I was at my daughters home with my 11 year old son, when a pot of paint was thrown over her lounge windows. We both saw the mans reflection and the police were called. They did turn up mob handed, and went to speak with him. He again denied it and they said as they couldn't find the paint, there was nothing they could do. They warned him to stay away from her. 2 hours later, we were sitting in the lounge trying to figure out who could help her, when a woman banged on the door. I didn't recognise her as a threat and opened it. She burst in and was very drunk and shouting about the male neighbour. She wouldn't leave and her husband followed. Right behind him was the male neighbour. He began banging on the door, which I had managed to shut and 999 was called. While we waited ages for the police to arrive the male neighbour was screaming through the windows that he was not only going to kill my daughter, but that I was next. When we did not go out, he got even more angry and began headbutting the lounge windows, trying to break in. 999 was called a third time. Lots of screaming and shouting with my son huddled sobbing in the bedroom. The man came around to the door and began headbutting it also, to try and get at my daughter. He eventually smashed it in with his head. Luckily, at that precise moment the police were making their way up the steps and we heard the words 'Step away from the door' To cut a very long story short. He was arrested, along with the woman. Taken to the police station and kept overnight. We were told an hour ago that he is being released with no further action yet again. Apparently yet again, the CPS have said as there are no independant witnessess, nothing can be done. Even though he smashed the door as the police walked up the steps, although the heard it and found him at the door, they did not see it. My statement and my daughters cannot be taken into consideration as we are not independant of the crime.

I would love to know how they are going to feel when she is either seriously injured or killed next time. As I have said the CPS etc are well aware of his violent history. I believe a man died although I'm unaware of the circumstances. My daughter is now at home and terrified. She is getting a police move asap, but this means that not only is my daughter pushed out of her home, while her remains in his, but that no matter where she moves, this man could possibly find her or bump into her in the street anywhere.

I am furious that because I am her mother I am not a good enough witness. I am furious that this is only one of many occasions where the CPS have said NFA to the man because he uses the 'no comment' cop out. We have plenty of phone harrassment messages on a daily basis, but no-one is interested. I have no faith in either the police or the CPS [especially] anymore and my daughter says she will not phone the police if he attacks her again, because it simply isn't worth it. It just gets her hurt more each time he's released. I worry for her safety.

Documents

No documents have been submitted.

Comments

A barrister

It is simply incorrect of the police/CPS to require independant witnesses for these matters to proceed to prosecution. 999 call are all recorded and with appropriate supporting statements, are admissible in evidence in support of your complaint. A no comment interview is adverse to the defendant and is not a reason not to pursue a prosecution. The police should have taken full statements of all complaints from you/your daughter (they will have crime reports recording the complaints made, the dates, the general nature of the complaint etc). Keep pushing. If the CPS have really NFA'd these matters they are required to give you an explanation. In any event a private prosecution is possible; alternatively a civil claim for damages; alternatively an application to judicially review the CPS decision not to prosecute is possible. Contact a lawyer/citizens advice.

Posted on 18/12/2006 at 22:45 by Anonymous

 

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