Forums Hub
By signing in, you are able to add comments of your own and participate in community discussion.
< back to The legal systemWhat to expect
| My family and I are about to go through the court process after the death of our son who was a passenger in a car. I know we have to be careful about what we say publicly while it is going through the courts but maybe those that have been through it can post some of their experiences. Glynis |
| Displaying 10 posts from 1 to 10 of 10 | |
| Dianne | 05 Feb 2010 |
| Hi Glynis. The court system was very slow it took over 9 months before the woman who killed Dad had to enter a plea. Two years and two months later the case began. She was found guilty a month later and then she was not sentenced until 4 months after that. (She did not serve time as she was addicted to morphine and they could not support her habbit in jail!) It is a very tough emotional roller coaster that opens up very raw emotions. It is difficult to face the media each day but take a while before you go outside the court to think about what you would like say. Good luck with everything. Dianne | |
| Site founder | 06 Feb 2010 |
| Hi Glynis, Many years ago a South Australian policeman said to me that my family was lucky because we were going to court. He said in SA 7 in 8 families don't go to court because there is no suitable charge. The plus to the legal process is that you will get some answers. What that means for the 7 in 8 I hate to think. Defense lawyers generally advise their clients to stay silent and not answer questions. The reason is because they are in shock and may say something incorrect. The right to silence is a hard one....because people just want to know why, and they don't want to wait two and a half years to find out. I interviewed a defense lawyer (who are not all devils like they can be portrayed) and I said 'I just want to talk to the driver, I just want to ask her what happened??'. He told me that in most cases the driver wants to contact the family, and say sorry, but they tell their clients not to make contact because it goes against the conditions of their bail. This is hard to take in some circumstances, because lets face it, we want an apology, but it does make sense as to why they don't/can't. | |
| Glynis | 06 Feb 2010 |
| Hi Sandra and Dianne Im not looking forward our trip through the legal system although it won't change the outcome for us. I am lucky in the fact that the driver was a friend of my son's and he is very remorseful and contacts us from time to time to see how we are doing, I worry about him as he has to carry this with him for the rest of his life, and I don't think he is coping very well. There was another friend with them on the night of the accident traveling with them but in another car and we have been able to read his witness statement and have a fair idea of what happened on the night. I don't feel anger towards the driver (that may come later, I don't know) he and Nick were good mates there was no alcohol or drugs involved just stupidity and speed. I would not like to see him go to jail as I don't feel he would come out a better person, however I would like to see him involved in some driver education or volunteer work somewhere but I guess he needs to find his own journey through all of this mess. The Police have told us that with all the accidents last year that the case could take a long time to come to court so I'm trying not to give it too much of my time until I need too, its hard enough some days just doing the normal things. Thanks again for your advise I'm sure we will talk again before long. Glynis | |
| Site founder | 08 Feb 2010 |
| I admire your attitude... | |
| ANN LEWIS | 13 Feb 2010 |
|
I admire your attitude too Glynis. You're so generous towards your son's friend, and haven't let anger cloud the real fact that it he was stupid and made a bad mistake. The fact that he is remorseful must help, but many people in your situation, would carry their anger through for the rest of their lives, but that would only make them suffer more. All this hanging over you is so wrong, when you just need the chance to be able to grieve in peace. I hope this site helps you to know you have friends here who are thinking about you, and wishing you strength and comfort. Ann x
|
|
| Glynis | 13 Feb 2010 |
|
Thank you Ann Some days are not easy not to be angry and if that happens I try and direct my anger towards the universe. Anger is such a negative emotion and unless you can use it to motivate you to do something positive it is better left alone. I don't want to get to far off track as this forum is supposed to be for the legal system and what to expect so I will leave it t there and post some more when our legal journey begins. Glynis ♥♥♥♥ |
|
| dionsmum | 12 Mar 2010 |
|
Glynis you could have an oppurtunity to put this in the form of like a Victim Impact Statement which will take into account how you feel towards the crash, and the driver of the car, with regards to my own sons crash, as the driver who paid the ultimate price, I am grateful that no charges were laid as he was on the wrong side of the road at the time of the crash. It was a long wait nearly a year to get the final report from the Coroners office, I have a copy of it, and I am so glad I have it, as it fills in a lot of holes in the story. |
|
| Glynis | 21 Mar 2010 |
|
Hi dionsmum Yes! the police have given us the documents to write our Victim Impact Statement, which is something we need to do. We spoke to the driver in the first few days after the crash, but it is very difficult so when he comes to see us we tend not to talk about it. I enjoy Nick's friends visiting so I steer away from talk of the crash as I don't want them to feel that coming over is going to be an interrogation everytime. So the oppertunity to voice our feelings in court will be the perfect forum to do it. Then we can get on with grieving and trying to make the best of what is left of our lives. Glynis ♥♥♥ |
|
| Joe & Giro Raphael | 06 Jul 2010 |
|
I wish you the outcome you are wanting. As for my family, after waiting for 4 years of delays and anguish, showing up to Magistrates court every 6-8 weeks for a 5 minute hearing was so disappointing, emotionally draining, upsetting and frustrating. And why the long wait? Well when the law allows the defendant to change 5 lawyers, what justice is this in itself? Then finally to go to a trial in the District Court was so disgustingly archaic and a total sham. The defendant chose not to talk or be tried by jury knowing that this is the way to go if you want to be aquitted. We the family were sitting in a 7 day trial as observers, could not speak or discuss any of the proceedings. The court system is not a just system. It needs to be reviewed urgently as people look towards the judges and court system for the right thing to be done.We have lost all respect for our so called judiciary system.We trusted them. I'm sorry this sounds negative but for us this is how it was.We were warned we would get no justice but hoped people were exagerating. They weren't. We hope your experience of the courts is better than ours. |
|
| Glynis | 27 Dec 2010 |
|
Yes I am not expecting much, I was told by a lawyer that it is a legal system not a justice system. We have been through all of the directions hearings in the magistrates court and now move on to the district court on 17th Jan. for the trial date to be set. I will just be glad when it is all over. Glynis |
|
