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Advice needed - Re: robbery witness

zish_uk Avatar
7y, 8m agoPosted 7 years, 8 months ago
I will try to keep it as brief as possible...

Last week my other half (OH) heard the alarm at around 8:30am and looked outside the window to figure out if it was her car and then she realised that it was the house next door. She went to the back window a few minutes later and saw a man in the back garden of the next door neighbour. He was trying to put a PS3 in a Tesco carrier bag! She asked him what he was doing and spoke to him for a minute and then he disappeared giving her excuse that it was his cousins house and he will be there soon to turn the alarm off.

She didnt buy it and rang the cops. The cops were there in 2-3 minutes, she gave the description and statement. They later phoned to ask my OH to come in to identify the robber. She was shown video clips of 9 people and she identified the correct person.

Now my neighbour has got his PS3, laptop, etc back and the robber is in prison for a week before bail.

The problem I have now is that he is pleading not guilty and police want my wife to come to court! So she is not too sure and is panicking.

The robber apparently lives on our street also... I would like some advise on weather she should go court or not. She is always at home with the kids and dont feel safe incase the robber or his family approaches her or threatens her. The robber will also know that it was her to identify him as she was the only witness.

Thanks in advance to everyone taking time out to read this. Any help appreciated.
zish_uk Avatar
7y, 8m agoPosted 7 years, 8 months ago
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#1
Damn - that's an awful position to be in. But she has to do it. You can't let the possibility of retaliation threaten you. Anyway, he already knows she has reported him, so being intimidated by him won't solve anything in the long-run.

edit: and btw, this was burglary not robbery. Robbery includes the threat or use of violence
banned#2
If she doesn't go to court or the courts can file charges againist her for not appearing. You could look into getting restraining order againist the robber as well
#3
Oh god thats alwful, why is it that the good honest people in society who do the right things end feeling intimadated and in the wrong. Your partner did the right thing in calling the police and i would hope my neighbours would do the same for me, as with regards to court thats a hard one, i think i would feel panicky as well. i just want to wish you two luck and suggest you do what you feel is right and best for your family
#4
Witness protection?
#5
o scary...... do the right thing and im sure all will work out well..... like the above have said....if ur worried u can take appropriate actions. at the end of the day takes a lot more to threaten a person then to rob one....if he was a violent individual he wouldnt have bothered styling it out when she spoke to him.

he knows its her anyways... hope ur neighbour is grateful. ur wife is a star....a lot of people wouldnt have bothered.
#6
I think Liddle is right and that although a hard choice to make she should go forward with it.
Good luck either way.
#7
magicbeans
o scary...... do the right thing and im sure all will work out well..... like the above have said....if ur worried u can take appropriate actions. at the end of the day takes a lot more to threaten a person then to rob one....if he was a violent individual he wouldnt have bothered styling it out when she spoke to him.

he knows its her anyways... hope ur neighbour is grateful. ur wife is a star....a lot of people wouldnt have bothered.

My neighbour bought her some cheap flowers over the weekend and said thanks with a grumpy face...lol

He got his PS3 and laptop back...

But I guess its the thought that counts!!
#8
If they already found the PS3 and stuff at the blokes house then he is pretty much screwed anyway. The bloke may be angry but I don't think he would be daft enough to make things twenty times worse for himself by threatening a witness.
#9
She has done nothing wrong, she must go to court if requested, fantastic Police response time too.

Good neighbourly actions.


Well done.
#10
Ungreat
If they already found the PS3 and stuff at the blokes house then he is pretty much screwed anyway. The bloke may be angry but I don't think he would be daft enough to make things twenty times worse for himself by threatening a witness.



Agreed.

Also, can she give her evidence by video camera or similar so she's not actually visible to the court or the accused?

If she did this, then the accuse would be more unlikely to take out any retaliation etc as it could have been another neighbour who witnessed the burglary.
#11
Would your OH be happy if a burglar robbed her house, knowing that he could have been in prison if a witness had testified but chose not to?

Could your OH live with herself if this burglar doesn't go on trial & goes on to rob from other people's houses?

Intimidation is an offence, so if she was intimidated in any way then all she has to do is inform the police.
banned#12
Ungreat
If they already found the PS3 and stuff at the blokes house then he is pretty much screwed anyway. The bloke may be angry but I don't think he would be daft enough to make things twenty times worse for himself by threatening a witness.



TBH HONEST I THINK YOU MIGHT AS WELL GO TO COURT AS THAT WILL HAVE NO EFFECT ON THE BURGLAR, SEEING THAT HE ALREADY KNOWS ITS YOUR WIFE - IF HES STUPID ENOUGH TO SH#T ON HIS OWN DOORSTEP IM SURE HE WILL SPEND MORE TIME INSIDE THEN OUT OVER THE REMAINDER OF HIS LIFE.. BE STRONG AND HEAD UP :thumbsup:
#13
nightmare scenario. If it's a 1st offence then he is likely to escape prosecution so unlikely to harrass your gf. Scum like that need to be punished accordingly. She must do the right thing.
#14
Arrr bad position to be in, explain to the police how she feels and that she will bump into the family with your own kids, see what they say.
banned#15
some kid try to burgle my house a few years ago. Neighbour across the road saw him jump up over my garden. Called the police, he ran off before police came............... Next day she SAW him down the Train station!!! .............. She called the police got the CCTV and he was arrested (found out he had nearly burglered our whole street ~ street had 8 break-in !!)................. Neighbour still lives here, in peace.
#16
I don't think the burglar is going to do anything. If he's been caught trying to burgle a house then he's facing a conviction. He's not going to do anything stupid and risk getting in more trouble.
#17
karaokecolin
Agreed.

Also, can she give her evidence by video camera or similar so she's not actually visible to the court or the accused?

If she did this, then the accuse would be more unlikely to take out any retaliation etc as it could have been another neighbour who witnessed the burglary.

She was told on tueday that video evidence can only be used if you are under 18!! but previously she was told that she could... may get her to clarify that with another cop.
#18
skamma
TBH HONEST I THINK YOU MIGHT AS WELL GO TO COURT AS THAT WILL HAVE NO EFFECT ON THE BURGLAR, SEEING THAT HE ALREADY KNOWS ITS YOUR WIFE - IF HES STUPID ENOUGH TO SH#T ON HIS OWN DOORSTEP IM SURE HE WILL SPEND MORE TIME INSIDE THEN OUT OVER THE REMAINDER OF HIS LIFE.. BE STRONG AND HEAD UP :thumbsup:


Ive seen those colours run a few times ;-)
banned#19
yep, bad situation.

However as had already been said, this wasnt a crime, so he may just be an opportunist. If she goes to court full of confidence and strong, he will see that and probably run a mile! if she goes in scared he knows he can intimidate her.

she should do it, but ask the police what he protection is going to be etc etc and whether the possibility of a video link is possible to remain anonymous.
[helper]#20
Maybe the burglar is counting on your OH not testifying to increase his chances of getting off. If she agrees to testify and he was caught in possession of the goods then its puzzling how he thinks he could possibly get off. Mayve if she makes it clear she is testifying he might change his plea to guilty.....
#21
Thanks everyone for your input... I will get my OH to read this and decide for herself!!
#22
I really hope she decides to go ahead, there are an awful lot of people who would like to have witnesses when their houses have been burgled. I would say it was very unlikely that anything will happen from the guy himself but the worst thing would be if he gets away with it and carries on.
#23
Keep a shotgun or a samurai sword (Depends how fancy you feel) in the bedroom. If he comes a knocking, introduce him to your new friend :)

Kudos to your OH and I wish you all the best and hope it all turns out ok!
#24
DragonChris
Keep a shotgun or a samurai sword (Depends how fancy you feel) in the bedroom. If he comes a knocking, introduce him to your new friend :)

Kudos to your OH and I wish you all the best and hope it all turns out ok!

To be honest - I have started keeping a metal rod next to my bed!! lol

Hope I dont have to use it!
#25
zish_uk
My neighbour bought her some cheap flowers over the weekend and said thanks with a grumpy face...lol

He got his PS3 and laptop back...

But I guess its the thought that counts!!



haha.....figures its a bloke that lives on his own! id be soooooooooo grateful if anyone did that for me.... o well its nice to know she did the right thing. shes a star.
#26
magicbeans
haha.....figures its a bloke that lives on his own! id be soooooooooo grateful if anyone did that for me.... o well its nice to know she did the right thing. shes a star.

lol... yes you are right.. just a bloke living on his own (does have regular women company at night... Been having to put the kids to sleep early coz of this... :))
#27
If she is worried about the court appearance she is likely to be regarded as a vulnerable witness due to fear. Under English Law there are a number of protections that can be used such as CCTV link, rearranging to court, taking evidence out of court etc. Its in the YJCE Act s.16-17 and then s.24-26
#28
cbryanp
If she is worried about the court appearance she is likely to be regarded as a vulnerable witness due to fear. Under English Law there are a number of protections that can be used such as CCTV link, rearranging to court, taking evidence out of court etc. Its in the YJCE Act s.16-17 and then s.24-26

hey thanks for that... I will get my OH to mention that to the cops if they dont give her any other options!!

many thanks for that
#29
zish_uk
lol... yes you are right.. just a bloke living on his own (does have regular women company at night... Been having to put the kids to sleep early coz of this... :))


can see why shes thinking why bother put my backside on the line for such a neighbour.
id do it to convict a robber rather than for ur neigbour. plus u should defo say something to ur neighbour..he owes u!
#30
can I just say fair do's to your wife. wish we all had neighbours like you two.
Any statement that was taken by the officers from your wife will have been passed on to the defence as part of the disclosure process (only the front which has your name on, not the back with all of the other details) which is a requirement in law.
However the info from your wife will have been used during interview I would imagine, so the defendant will likely know that the police have spoken to your misses. Chances are that as the officers have recovered the stolen items he hasnt got a leg to stand on. his last chance is if the witnesses dont turn up in court. When everyone has turned up they more often than not throw their hand in and plead guilty as they tend to get a "discount" for pleading guilty from the court
Hopefully this will happen in your wifes case. If he does try to intimidate your wife then that is an offence we will more than happily deal with and he can and will be arrested for this.
Following the trial there are all sorts of harassment offences etc. that could be looked at if you were to get any bother.
I hope your wife feels up to going. In my eyes she is already brilliant for what she did on the night. You dont have to take any cr*p from the offender and youve got the biggest gang in the world right behind you.
If I can help any further let me know
#31
She has to give her statement and follow through at court.

To keep silent puts her at risk... to speak minimises it.

Hon, don't be intimidated by this man or anyone else, once you allow people the power to make you feel scared they will always have that over you.

You're bound to feel anxious. Courts and the whole legal process are designed to be intimidating. But it isn't YOU on trial. Head up and PROUD! x x
banned#32
ADZ1478
can I just say fair do's to your wife. wish we all had neighbours like you two.
Any statement that was taken by the officers from your wife will have been passed on to the defence as part of the disclosure process (only the front which has your name on, not the back with all of the other details) which is a requirement in law.
However the info from your wife will have been used during interview I would imagine, so the defendant will likely know that the police have spoken to your misses. Chances are that as the officers have recovered the stolen items he hasnt got a leg to stand on. his last chance is if the witnesses dont turn up in court. When everyone has turned up they more often than not throw their hand in and plead guilty as they tend to get a "discount" for pleading guilty from the court
Hopefully this will happen in your wifes case. If he does try to intimidate your wife then that is an offence we will more than happily deal with and he can and will be arrested for this.
Following the trial there are all sorts of harassment offences etc. that could be looked at if you were to get any bother.
I hope your wife feels up to going. In my eyes she is already brilliant for what she did on the night. You dont have to take any cr*p from the offender and youve got the biggest gang in the world right behind you.
If I can help any further let me know


yes and I can add even though us dog handlers don't know that much, in certain circumstances the witness can give evidence by video.
Seems to me the billy burglar is pooing himself and he knows he is up the creek without a paddle and a canoe ..
I know its a difficult call even I get nervous when giving evidence but scum bags have to be put away, and time they realised people are fed up with the scum who steal and the like.. they are nothing but play ground bullies.. and as ADZ says our gang is bigger and tougher than theirs... so any worries pm me or ADZ I am sure we can answer any worries you have .... best speak to the experts :-D
#33
zish_uk
To be honest - I have started keeping a metal rod next to my bed!! lol

Hope I dont have to use it!


Absolutely mate, I would do the same, believe me! And I wouldn't hesitate to use it if we were in any danger.
#34
He'll be charged with burglary in a dwelling and handling stolen goods.

Just go and testify, he'll get 18 mths.
#35
Thanks very much for everyones help... my OH has decided to go ahead with it... All credit to HUKD and its kind members.
[admin]#36
Closed @ OP Req
#37
Just be careful when you go on holiday..
#38
juliet_bravo
Closed @ OP Req


Take a while to close..? :thumbsup:
#39
vengod
Just be careful when you go on holiday..

Not planning to go on holiday for another 10 months... so hopefully things will calm down by then...

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