Good News: The CPS are going to Prosecute

My god the last few months have been nerve wracking.

We have spent the last 3 months waiting for the CPS to make up their mind if they were going to take over the case and prosecute Eleanor.

If they take over it and stop it then that's it that's the end of the road.

Last week the CPS said they were going to take over the case, but did not say if they were going to continue prosecuting or were going to stop.

And today came the good news. They have decided the case passed both the 1. Evidential stage and the 2. Public interest stage, of the Code for Crown Prosecutors.

My lawyer told me in person over the phone and we were overjoyed.

It's also good news because it means that I don't have to pay for lawyers anymore, the case will be prosecuted just like any other case and I will turn up at court as the victim / main witness.

It's going to be a good Christmas. Work well done.

It's been 12 months of hell and I am just a few more months away from clearing my name. We still don't know when a trial is, we shall see. We should know in January. A Plea and Case Management Hearing has been scheduled for January 24th, 2014.

Here is a copy of the letter from the CPS:

Psychiatric Report of Eleanor de Freitas

Last week Eleanor's solicitors gave us a copy of here psychiatrist report. She had been assessed by a psychiatrist the week before.

The report clearly said that she was fit to stand trial and that she was highly intelligent in in a better position than most to understand court proceedings.

It was also clear that far from the prosecution making her stressed, it was family life that was probably the cause of her mental problems. She was extremely critical of her own family throughout the report, especially her own father. Click here to read the full psychiatric report

NB A copy of this report was released by the family into the public domain in various court proceedings.

CPS are considering the case papers

We are still awaiting an answer from the CPS. Today we received a letter from them and it and seems we shall have to wait for four weeks.

Once the CPS has decided they will do one of three things:

1. Let me continue to prosecute Eleanor for lying.

2. Take over and continue prosecuting her.

3. Take over the prosecution and stop it.

Crown Court: Eleanor's lawyers trying to block the Private Prosecution

It's now the 25th September, we were in court two weeks ago for the first hearing at Westminster Magistrates.

The case was "sent" to Southwark Crown Court, like all other indictable offences, this is where the serious cases happen. Perverting the Course of Justice is very serious offence and it can only be tried at the Crown Court.

Today was just a preliminary hearing. There will be half a dozen hearings to set out a time table before the case goes to trial.

Witnesses need to be informed of available dates and a certain amount of evidence still needs to be disclosed. The defendant also has the right to ask the police to collect more evidence during this time.

Eleanor lawyers asking the CPS to stop my prosecution:

In the last two weeks Eleanor's 'lawyers have contacted the CPS (Crown Prosecution Service) and asked them to intervene and stop my Private Prosecution.

The CPS have a right to review our case papers and do one of three things:

1. Let us continue the prosecution.

2. Take over and continue it themselves.

3. Take over and stop it.

Their decision will be based on two factors:

1. Evidence.

2. The public interest.

It will be many weeks before the CPS consider what to do. We shall have to wait and see. Despite this being a very serious situation Eleanor is looking very confident in court, again.

For full CPS guidance on Private Prosecutions click here.

Crown Court Fixture for 25th September 2013

Committal Hearing: R v Eleanor de Freitas - Westminster Magistrates Court

Today we had the committal hearing at Westminster Magistrates Court, but it almost didn't happen.

The first stage in a criminal case is to come to court to answer the charge. Today Eleanor simply had to go to court, say her name and address and the charge would be read out. The next stage would happen a few months later. So not very complicated.

If she didn't turn up we would be able not proceed to the next step which would be setting a date for trial. Of course we had already been granted a summons so there was no choice in the matter. If she didn't turn up then she would be arrested and taken to court in by police.

But when my lawyers turned up in court, she wasn't there. Her lawyers gave us a sick note, saying she was too unwell to attend. Really? She can't just come in and say her name?

It was tense. My lawyers spoke to the District Judge and she was given an extension hour to come in. Lo and behold half and hour later there she was full suited and booted and coming across as very confident and cocky.

Her lawyers then ran an "abuse of process" argument, but it failed, the judge found that my Private Prosecution was sound and should go to the next step.

In two weeks time we would be back in court, for a preliminary hearing at Southwark Crown Court on the 25th September.

More false allegations to the police

Three weeks ago we sent Eleanor the summons but we had not heard anything back. It was sent via email and courier. She is due in court in 10 days time and my lawyers needed to send her the prosecution file, but neither she nor her lawyers had contacted us. We didn't even know if she had any lawyers.

It was August bank holiday and for once it was mazing weather. Well Amazing for London anyway. I was at a friends barbecue and it 10pm. We were all joking around in the garden when the phone rang.

I looked at my phone and it was private number, who is this I thought?

I answer the phone and a voice says, "Hello this is metropolitan police, can I speak to Alexander Economou?"

"Yes, speaking" I reply.

"I just wanted to give you a heads up, that Eleanor de Freitas has just been to Kensington Police station making a report about you", he said.

I couldn't believe what I was hearing.

"You're not in any trouble or anything, I just thought you should know that she's making allegations of harassment against you", the policeman says.

We speak for 20 minutes and it turns out that Eleanor did receive the summons, but instead of getting legal advice from solicitors she and her father went to a police station to start making even more false allegations against me.

Summons Issued: We are ready to go to court

At last we are ready to go to court.

It's now August and this whole saga has been going on for eight long months. The last few months have been particularly tense. Meetings with solicitors, choosing a barrister, getting witness statements and accessing various other evidence from the Police and other 3rd parties including more CCTV evidence.

Tracking down witnesses in particular have been tough but now I think we have 18 or so.

So that's three types of evidence:

1. Witness statements.

2. Text messages and emails.

3. CCTV.

And within each of those categories are multiple sources. This is a rock solid case.

I haven't written much in this blog since March but believe me, we have been beavering away. Putting a prosecution case is very difficult. All the defence need to do is to poke holes in the case, but the prosecution needs to be super tight with no wriggle room.

This afternoon my lawyers sent Eleanor the summons. I am overjoyed. I am now just a few months from clearing my name.

The summons says she will need to attend court on September 11th, which is a month away.

Reluctant witnesses

Getting people to help is not that easy. As soon as you say it's for a legal case they run a mile.

Back in January two friends helped me by providing text message evidence but it was not straightforward. What happens is their phones have to get sent off to a lab and get downloaded. So they are without a phone for a week.

Not only that but your friends have to trust you with their data. The lab gives your lawyers the download on a USB stick and it legally becomes you properly. I reassured my friends I would not be rifling through their data they were quite relaxed about it,  especially considering no phone for a week.

Even though we had gathered a reasonable amount of material by now we still had work to do. Eleanor de Freitas was going to be charged with Perverting the Course of Justice and that charge has a high burden of proof. We would have to prove beyond all reasonable doubt that she intended to lie to the police, and that it wasn't just an accident.

We had one witness that was very important. Carina. I had found out that one of my friends was in fact the cousin of Eleanor's coworkers called Carina. When Eleanor left my flat and went to work at the Body Shop she had told Carina that she had "the best sex of her life" or words to that effect. I only found out this week. We needed to ask Carina if she would give a statement. That evidence would be gold.

However when my lawyers approached Carina she got spooked, she said she would think about it, so she was put on the back burner.

Another key witness was the shop assistance in Ann Summers. Ok we had the CCTV, but if we could combine the CCTV with the statement of someone who was helping us then that would be even better. The manager of the Ann Summers had been approached and she refused to give a statement.

We also tried a few witnesses which we thought might not give evidence but we tried them anyway.

There was Lizzie Noel, who is Eleanor's cousin. She's probably not going to dob her cousin in, but who knows, you won't know unless you try. She had text message evidence on her phone. I remember that Eleanor had texted her from my flat, in the morning. There was one text which I think read "Ec is such a gem" or something like that We had written her a letter and she had ignored it. The investigator later called her and she declined to make a statement.

Otherwise we did have a few people that were prepared to give evidence, so that was good, including another work colleague and some mutual friends. Things were going ok. Of course any person volunteering as a witness was going to have have to be cross examined at trial by Ellie lawyers. No one liked the thought of that.

It was tense. We needed a very strong case for this to get to trial.

I have decided to go ahead with the Private Prosecution

Today I wrote the following letter to my MP, telling him that I was going to take action against Eleanor de Freitas and that I was going to make a complaint to the IPCC (Independent Police Complaints Commission) against the Police officers involved.

Gregg Hands MP

House of Commons

London SW1A OAA

22nd March 2013

Dear Gregg Hands,

Re False Rape Allegation

Thank you very much for replying to my letter of the 27th February and inviting me to meet with you. I would like to give you a quick update on my progress.

To recap I was falsely accused of rape in January 2013 and despite having a wealth of evidence to show that the woman was lying, the police dropped the case against me but did not investigate at all and told me to forget about it.

Since I wrote to you I complained to the IPCC about the police’s failure of duty. As a result of this complaint the investigating officer was taken off the case and I have had some two way communication with his superior (DI Julian King) but the case still remains closed and no progress has been made. The woman has to this day not been asked about the visit to the sex shop or text messages showing the opposite to her allegations etc. The officer insists there isn’t enough evidence to open the case, although he says he is keen to speak to a witness (that the accuser spoke to stating the opposite of her allegations) however this person doesn’t want to come forward.

Despite the police’s lack of motivation I am making some good progress. I have the backing of my family to pursue a private (criminal) prosecution and have hired specialist lawyers to do this. We are currently waiting for the police to transfer their files, including interview tapes and other evidence and then we will serve a summons on the woman to answer charges of perverting the course of justice. The lawyers are also gathering more evidence and statements from 3rd parties to help with the case.

Things are gently moving in the right direction and I anticipate that we will be able to issue a summons by the end of April. We also have so much evidence that my legal team think that the woman will enter a guilty plea. However there will probably be obstacles along the way. One tactic will be for the woman’s defense to try to get the DPP to discontinue the case or to get the CPS to take over and stop the case on the grounds that it is “not in the public interest” or that it’s “vexatious” or some other excuse. I am not keen for the CPS to take over because we could end up with prosecutors that aren’t terribly motivated or inexperienced – when compared to my own team. The defense will be aware of this and may try to use this tactic to help themselves.

In the event that the woman pleads guilty and doesn’t challenge the case then things should be plane sailing and I should be able to get my name cleared once and for all in a few months time. However if the woman’s defense tries to get the CPS to take over and stop the case then I will need to rally up some troops and combine it with a good argument (from my lawyers) to keep the private prosecution going. This is where I would ask for your support - if the CPS try to discontinue the case. I have also written to Lord Campbell Savours about my case and he has invited me to discuss things with him next week.

As well as clearing my own name and fighting for justice in general – for the sake of other falsely accused men, I think that people ought to know the barriers facing men of false accusations and how difficult it is in getting their justice.

In my case which is quite possibly one of the most extreme and absurd examples that shows that despite having a wealth of evidence the police can’t be bothered to even ask the accuser about her allegations and re-interview her or do anything to investigate. These are issues that I believe are important for people to be made aware of, especially in this “rape culture” epidemic where all men are supposed to be rapists and every woman is in danger of being raped or assaulted at any given moment during her day be it at work, in a pub in a street and at home. It’s quite simply ridiculous.

If an allegation is made by the man, where he states the woman falsely accused him then we need the police to investigate it regardless of their personal views, even just at the most basic level. It is just so absurd that the woman can make up a story and it is taken seriously even when there is zero evidence but when the man tells his story and even has evidence that shows the woman is lying he is not taken seriously at all and NOTHING is done. Something is very wrong here. There is too much rape paranoia and too many false allegations and a belief that the falsely accused man can just move on with his life as if nothing happened and that men are “strong “and should just have to put up with it. What utter nonsense.

At this moment things are gently progressing in the right direction and I don’t think we need to meet right now, however I would like to keep you up to date with the case as things progress. In the event that the CPS does try to discontinue the case then I would like to meet with you then and ask if you would be able to offer your support (even if just a letter) / and show you more details of the case papers so you can see things with your own eyes and make your own judgment etc.

Your Sincerely,

Alexander Economou

Private Prosecutions - this may not be over yet

I was feeling very depressed that the Police wouldn't take action against my accuser.

This wasn't a case where Ellie had quietly gone to a police station and made a rape accusation. No. She had gone to all of my friends and said that I raped her. She made this a very public affair.

For the last couple of weeks I have been researching what I could do. Could I sue for defamation?

The problem with Defamation is that you can't sue people that make reports to the police, even if you can prove what they said was false. There is an authority called Westcott v Westcott on that issue.

Slander is very difficult to win also. Nothing was in writing. She had verbally said that I had raped her to friends so it was going to need witnesses to recall the exact words. Even if I won the case she would of course have no money to pay damages or my legal costs.

This was a matter for the criminal courts and I just wished there was another way of doing this.

After hours and hours of searching the internet i came across some documents on Private Prosecutions. I had no idea about what a Private Prosecution was.

I started reading. What usually happens in a criminal case is that when the police investigate a crime they refer the evidence to the Crown Prosecution Service (CPS) and the CPS decide whether to charge the person or not based on the evidence.

The CPS are lawyers who prosecute cases on behalf of the Crown. All criminal cases are the Queen vs Person Accused, the CPS is just there to bring the case to court. In the case of a republic like the USA, it would be the People vs Person Accused.

With a Private Prosecution it's still the Queen v Person Accused. What different is you take the role of the CPS. Instead of the Crown Prosecutors running the case you can privately hire lawyers to bring the case to the criminal courts yourself.

In my case the police were refusing to look at the evidence. But the law said I didn't need them or the CPS. I could just get specialist lawyers and they will put a case together and Ellie will be brought to justice for the very serious charge of perverting the course of justice. She would go to trial in front of a jury, or perhaps she will apologise and plead guilty.

Police Refuses to Look at Evidence

So the good news is that I was NFA'd the other day (no further action against me).

But it doesn't clear my name.

I'm angry. I'm upset. The last two months have been hell and damage has been done. What about the future? People can say that I have been arrested for rape and the matter is unconcluded, they might say "no smoke without fire". They might say "he got away with it".

My case is an unusual one in that I have a lot of evidence and I really need to the police to prosecute Ellie for what she did to me. I want my name cleared once and for all. Just because the police decide to stop an investigation and take you off bail doesn't mean you are innocent (in the eyes of other people).

So far the Police have refused to take any action against Ellie, even though they know about the evidence against her.

What is really strange is that they are refusing to watch the CCTV.

On the rationale for taking no further action they refer to the CCTV and messages, but they haven't seen it yet. They make their decision having never seen the CCTV.

They don't even want it (see below).

Police Investigation Concludes: No Further Action

The police have decide to drop the case against me, because there is no case. I am so relieved. I am not going to trial. I am no longer on bail. I take a deep breathe and I have the first good nights sleep in a long time.

Thank god.

Below is the "Rationale for No Further Action" written by Detective Inspector Julian King which has also been typed out in text and the original document below:

QUOTE

I have considered and reviewed the facts. In this case and based on these facts I have decided that this investigation should not proceed to RASSO for a consideration to prosecute. There are elements within this case that undermine the credibility of the victim and I do not believe that there would be a realistic chance of a prosecution in this case.

This is no corroboration of the victims account. She claims to have been drugged by the suspect however due to the time lapse in reporting we cannot prove this assertion that the suspect drugged her. The scene examination of the suspects accommodation does not support the victims account. I take into account the fact the suspect could well have tidied/cleaned the scene since this incident however the fact there is no forensic corroboration undermines any prosecution case. Equally the victim reports this matter after receiving communication from the suspect stating that he is route to a police station to report harassment committed by the victim. The issue of credibility of this allegation is an issue as prior to reporting the victim apologises fo her actions by way of email to the suspect. In that she states that she apologises for any trouble she may have caused. The suspect communicates back and informs her that she has lied and that he will potentially seek both civil and criminal proceedings against her.

Both victim and suspect went to Ann Summers the following day and a purchase of goods totalling £337.98 is made. CCTV footage has been gathered by the defence that indicates that both parties appear to be fine and there is no reason to doubt that the victim would be under any duress. Equally these actions post offence would undermine any criminal prosecution. There is nothing to support that the victim has been drugged and forced to goon a shopping trip with the suspect. In fact the opposite could be gleaned by any jury in that both parties were willing to continue their sex exploits and the trip to Ann Summers was to exploit their respective fantasies.

The suspect is a man of good character and has provided a prepared statement. The theme of his thoughts from email communication and the statement is that he completely denies this accusation. In fact he goes beyond this by employing a solicitor to seek independent evidence by way of a telephone download from his friends phone. The friend is a mutual friend of both victim and suspect. Of note is a message to the mutual friend from the victim stating that the suspect 'fucked and chucked'. There is no reference to being sexually assaulted.

Her actions post event cause me concern in that she apologises to the suspect for the trouble causes and she reports this matter after the suspect emails her and sends a text t her father outlining his intentions in the matter.

Overall I make this decision in the interests of the public and I believe it is not in the public interests to continue to allocate resources to this enquiry whether that is police or CPS.

UNQUOTE

Sending evidence to the police

Finally, today my solicitor emailed the Police with the CCTV and text message evidence. I can not wait for them to receive it. I am confident that upon receipt they will:

1. Drop the case against me.

2. Take legal action against Ellie for Perverting the course of justice.


See full email below (names have been changed)


QUOTE


From: zzzz
Sent: 18 February 2013 14:34
To: zzzzz
Subject: Re: Alexander Economou


Dear Dc Dial

Re: Alexander Economou

Bailed to return - 22.2.13 at 11:00 Notting Hill Police Station

I write on behalf of the above named client.

As I discussed with you on the telephone a few weeks ago my client would like to present you with a number of items. It is believed this information is relevant both to any recommendation you make to the cps re disposal and in our submission is essential information for the cps to consider before making any decision regarding disposal.

1 – CCTV Footage from Ann Summers store, Kennington on 24.12.12

I am not able to forward this footage to you by email as it is too large but can have this delivered to you personally this week should you let me know your location at any point.

This footage was requested from Ann Summers by us his solicitors.

It covers footage from the store on 5 separate cameras over the relevant period.

This footage covers the alleged victim entering the store at 11:24 followed by my client at 11:25 and both leave at 11:52. In this period of time they have spent approximately £300 on a large amount of sex toys.

The defence would say this shows that my client and the alleged victim are getting along very well the morning after the allegation and her conduct in particular demonstrates she has not recently been sexually abused by my client. The alleged victim is assisted by a member of staff for in excess of 20 minutes as she enthusiastically selects a large number of items whilst my client looks on. Both my client and the alleged victim appear to be smiling together, laughing together, and even kissing in store (11:50 Till camera).


2 – The defence have also sought the opportunity to have the mobile phones of two persons forensically examined to support our client’s account that he was involved in no wrong doing on 23.12.12 as per his prepared statement.

The first of these persons is a mutual friend of the complainants and my client. Her name is Ann zzzz and her telephone number is 0zzzzzzz. You will see from the extracts of entries downloaded from her phone that Ellie De Freitas text’s Ann zzzzzzz on the 25.12.12 a number of times:

These entries include 10:51 on 25.12.12 “I just wanted you to know I am on suicide watch. Economou fucked me and chucked me….”

12:25 on 25.12.12 “I’m now safe with my family. The ambulance people treated me for shock and luckily I had a supply of sleeping pills. Without going into specifics, Ec and I had a fling, encouraged by Ben. I woke up at his yesterday morning and he was full of adoration. Then once I’ve finished work and I am driving to my family, he calls me up and says I am uncool manipulative bitch and never contact him again”

16:38 25/12/12 “I just never want to see him again. I can only assume he was on drugs or something when he spoke to me. It is especially hard because I told him my depression story, then he told me that I was being manipulative and attention seeking. He has also de-friended me on Facebook. I don’t understand what I have done wrong???”

3 - The second of these persons is a mutual friend of the complainants and my client. His name is Ben zzzz and his telephone number is 07zzzzzzzz. You will see from the extracts of entries downloaded from his phone that Ellie De Freitas text’s Ben zzzz on the 24.12.12 a number of times:

09:21 on 24.12.12 “FYI, I am at Ec’s Flat, still!!”

09:22 on 24.12.12 “Please don’t tell him I told you x”

09:33 on 24.12.12 “… Yes I like Ec, a good match…we shall see what happens”

11:18 on 24.12.12 “We’ve had huge fun together actually and we are still together doing last-minute Christmas shopping cx”

11:19 on 24.12.12 “BIG THANKS for sort- of being matchmaker. Although keep it on the down-low if you don’t mind?”


Please could you consider the above and let me know when I can drop the CCTV footage off to you.

Once a decision has been made as to what action is to be taken on my client’s bail to return date please let me know.

Many thanks for your assistance.



zzzz zzzz

Solicitor



For Hodge Jones & Allen LLP

180 North Gower Street
London NW1 2NB



DX 2101 EUSTON

(Tel: 020 7874 zzzz

(Fax: 020 7874 zzzz


www.hja.net

UNQUOTE

CCTV shows Ellie buying SEX TOYS the morning AFTER the alleged attack.

Here is the CCTV footage. https://www.youtube.com/watch?v=egkxKabRkKk

Several weeks ago we had written to Ann Summers asking if they could provide a copy of the CCTV from their shop showing Ellie and and I shopping together the morning after the supposed attack.

This was really important evidence. It shows that contrary to what Ellie had told the police she was not under any duress, she was in fact buying sex toys with her "attacker" the day after the supposed attack.

NB As you will see, she choose all of the items, I actually did not want to buy any sex toys, it was her idea. I have my hands in my pockets or behind my back the entire time.

I wrote about this crazy shopping trip here if you need to refresh your memory.

The CCTV shows that she was not "groggy" or throwing up the morning after our date, like she claimed.

It shows her laughing and smiling and having fun and buying £400 of sex toys. (No its not a joke).

I couldn't believe it when my lawyer called me into her office to view the CCTV. Ann Summers had given us a copy without much fuss. This was it.

This was all the evidence I needed to show that this rape accusation was nothing but a pack of lies.

Feeling very stressed out

Things were progressing well in terms of evidence. I had text message evidence and we had asked Ann Summers for the CCTV and were waiting for that.

However I can tell you the last few weeks were hell.

It felt like I was running a marathon that never ends.

The first two weeks of being on bail were almost like a "high". It felt surreal. I had plenty of determination to prove my innocence and had plenty of energy. But after two weeks the body started to ache. After two weeks of constantly thinking about rape allegations you get tired.

Very tired. And very agitated.

I found myself going on long walks for hours and hours, listing to music in an almost obsessive manner. Imagining the day when I would be set free from this hell.

I remember listing to one of Primal Screams albums over and over again.

It would take me hours to get to sleep at night. When I did get to sleep I tended to sleep well, but I was agitated during the day.

My work suffered terribly. I went to some business lunches and I just could not engage with anyone. My mind kept drifting to the rape allegations, my eyes kept darting around the room, as I was lost in thought.

I had also been very antisocial. I live on Kings Rd in London which is a busy high street and usually I'd be out several times per week grabbing a coffee or beer with friends. But.

The last 5 weeks I locked myself in my flat and just watched movies. I just couldn't handle people. My friends ok, but not strangers.

One of the things that really got to me is that i was smoking heavily. I had given up on the 1st of January but after the allegations I started smoking again. I was on 30 cigarettes a day.

 I'd lost a lot of weight as well.

And one of the worst things was that my accuser was having a great time. All whilst I was suffering she was going to various parties with friends. She'd even updated her Facebook profile of her laughing.

I felt she did on purpose to antagonise me, as a sort of "haha can't catch me".

More text message evidence: Showing Ellie was bitter about being rejected

Ben's phone had only just come back from the specialist forensics laboratory (to download the contents using approved methods) when another friend had come forward with new text message evidence.

Ellie had been messaging our mutual friend Ann shortly after our date to complain about my rejection.

Quick recap on the dates. Ellie and I went on a date on the 23rd December 2012. I told her I didn't want to see her again the next day when I found out she was a prostitute. On the 26th December she starts to spread rumours to friends that I did something bad to her. On the 4th of January 2013 I send her an email telling her to stop of I'll report her to police for harassment. She goes to police before I can and claims I raped her and I get arrested.

These messages related to the period after I rejected her. They clearly state that she was upset at the rejection. No mention of any rape. In fact she says I was "full of adoration"

QUOTE: (names have been changed)

25 December 2012

12:25

I'm now safe with my family. The ambulance people treated me for shock and luckily I had a supply of sleeping pills. Without going into specifics, Ec and I had had a brief fling, encouraged by Ben. I woke up at his yesterday morning and he was full of adoration. Then once I've finished work and I am driving to my family, he calls me up and says I am an uncool manipulative bitch and to never contact him again. Xxxx

16:38

I just never want to see him again. I can only assume he was on drugs or something when he spoke to me. It is especially hard because I told him my depression story, then he told me that I was being manipulative and attention seeking. he has also de-friended me on Facebook. I don't understand what I have done wrong. Xxxx

UNQUOTE

Please see the image from the forensic phone report below (non relevant messages and names have been redacted)

Text messages from Ellie: "We've had huge fun together"

I was talking to my friend Ben about the allegations one evening and he said out of the blue "Oh I think I have some text messages that could be helpful for your case".

"What are you talking about?", I exclaimed?

Ben had known about the allegations for days but had not said anything about these text messages. He's a very casual relaxed character and I guess it didn't click that he had some important evidence sitting on his phone until now.

We arranged to meet that evening. I told him not to lose his phone and that he had my life in his hands. I was so nervous. He had told me a little about these messages but I had to see them for myself.

Apparently Ellie had been messaging him whilst she was in my flat and I only just found out about this now.

My heart was beating so fast all day. I couldn't wait to see the messages for myself. I also needed to make copies and to take a video asap, in case his phone got stolen. We needed copies.

We met up at 8pm that evening and he scrolled through the text message conversation he had had with Ellie. I couldn't believe it. She message him from m flat, the morning after the alleged rape saying "Yes I like Ec, a good match" and later said "we have had huge fun together", when we ere shopping in Ann Summers. All of these messages were the morning after the alleged incident.

This is the actual transcript of the messages: (some names have been changed)

QUOTE

24th December 2012

09:21

ELLIE: FYI, I am at Ec’s flat, still!!

09:22

ELLIE: Please don’t tell him I told you

09:24

BEN: Just texted him about NYE. Great news. You two are the most mischievous people I know!

09:33

ELLIE: Hahaha yes you are talking about H and her lack of invitation. I am coming along with 5 bottles of decent prosecco and Twister to play whilst drunk, and whoever loses has to do a dare! I finish work at 6 so I’ll just walk along. Yes I like Ec, a good match…. we shall see what happens

09:58

BEN: Amazing! That’s fantastic news. He’s a total hero you guys would have huge fun together. See you NYE. At Gatwick currently. Off to Biarritz and 70 degrees xx

11:18

ELLIE: We’ve had huge fun together actually and we are still together doing last-minute Christmas shopping

11:19

ELLIE: We’ve had huge fun together actually and we are still together doing last-minute Christmas shopping

11:19

ELLIE: BIG THANKS for sort – of being matchmaker. Although keep it on the down-low if you don’t mind?

11:19

BEN: Cool. Would be happy development. Know what you mean about shopping, just did mine, nothing says I love you like an airport gift! Xx

11:20

BEN: I won’t tell

1st January 2013

16:46

BEN: You were HILARIOUS last night. I don’t think I have ever seen you so drunk. And thanks for our chat (not that you will remember it!). How’s the head?! Xxx

1653

BEN: Err yep! Have apologised to Antony for pelting him with Tomatoes. You get home ok? Xx

20:00

ELLIE: Just went to Hen’s to pick up my champagne glasses. I had to explain to her why the balcony was covered in tomatoes. Yes got home and was tucked in bed before 2am! A new record! Would be great if you could work on Ec. Our chat last night basically was about how many people he’s fallen out with. I don’t want to be one of them. Also I promise I would be a fun guest at his country house… regardless I’d like him as a friend, now I’m single, 22 ½ and older and wiser xx

21:28

BEN: Will try wouldn’t be too hopeful though. Xx

21:30

ELLIE: I think I just probably just need to do a grown up and pacifying reply to his not very-nice email. Don’t worry, but it would be good to have you on side. Can’t turn back the hands of time, but it takes two to tango. Xx

21:31

BEN: Love the mixed metaphors! Shall give it a shot for you. xx

January 2nd 2013

20:08

ELLIE: Actually please scrap that. I can’t do it. Thank you anyway. xx

UNQUOTE

Meeting my criminal defence lawyers

The day after I was released I went to a shop and bought a new mobile phone and sim card and started to tell my friends and other family members what had happened. It was better that it came from me, than hearing things via the grapevine. I needed to tell them myself so I could set the record straight. They were shocked.

Worse was having to tell my work colleagues and people that knew me less well. I was stressed out and people needed to know what was going on. You could see it in my eyes, I could hardly concentrate on anything. Whenever anyone tried to engage me in conversation I would be lost in thought thinking about the rape allegations.

On the 8th January I met with my defence lawyers at Hodge Jones and Allen, who I had never met before. Until now I had just spoken to the lawyer who only attends police stations. I asked them how much it would cost to defend a typical rape case and they said up to £100,000 if it went to trial and that this process could take nine months. If found guilty I was looking at five years in prison.

I need to find evidence that could prove my innocence.

I didn't really have any evidence in my defence though. I was beyond stressed. I really thought that there was a very serious chance that I might get sent to prison, for something that I didn't do.

That evening, after leaving the lawyers, I spent several hours driving around between Kings Rd and High Street Kensington noting the various CCTV cameras and trying to remember the exact route that Eleanor and I drove on the 24th December. I also parked my car and walked around Kensington Town hall and High Street Kensington looking at the different cameras, and the different different angles, to see if one could have captured us.

I found some bank camera's on High Street Kensington that pointed to the pavement. I also walked around Kings Rd and Paultons Square, examining the area between my flat and Tesco and also the area around Paultons Square. By the time I got home it was the early hours of the morning.

My search for evidence was became an obsession. I needed to find evidence. Fast.

Granted bail

In the UK you don't usually have to pay a surety for bail like in America. If they think you might abscond they usually remand you in custody, there isn't really an in-between. Most people are granted bail unless its a violent offence like murder.

At 8pm I was told I had been granted conditional bail and signed a few forms in front of DC Dial. He told me not to contact Eleanor, and that I had to spend every night in my flat and notify the police of intentions of travel.

He also told me that they had been to my flat and not taken anything. The police gave me back my possessions that I had given them the day before in the police station, apart from my phone, and DC Dial showed me the way out of the police station and told me where I was.

I walked all the way back from Nottinghill back to my flat in Chelsea, about 3 or 4 miles. I needed the fresh air. I just could not believe what had just happened. I remember walking past various pubs and bars on my way home. It was Saturday night. People were relaxing and having fun. I felt like an alien. I was now on bail and a rape suspect.

I wanted to speak to someone about what had happened but had no phone and no phone numbers on me. The police had seized it. When I arrived at my flat an hour later I plugged in my land line telephone and called my father. It was 9pm and wasn’t sure if he was still awake.

He answered and I told him that it was nice to hear his voice. He asked me if I was alright and then no words came out of my mouth for about 30 to 60 seconds. I completely broke down and couldn't even talk. He was very worried and kept asking what was wrong but I couldn't even answer I was so upset. I couldn’t physically do it. I was utterly exhausted and shattered from the whole experience.

Eventually my voice came back and I then started to explain that “the girl” who I'd told him about over Christmas period had accused me of rape and that I had been in police custody for 26 hours. I was so relieved that I had told him full details of my time with Eleanor over the Christmas period, because it meant that he immediately understood what had happened. That night my father and stepmother did not sleep at all. They were awake all night and very upset.

Police interview under caution

When the interview commenced I was absolutely shattered from lack of sleep and so was my lawyer. I was in no state to be interviewed. I had been in custody since yesterday and awake for 30 plus hours. I could hardly think clearly. I decided I would write short prepared statement that would be read out and then stay silent during the rest of the interview.

Making a prepared statement and staying silent is a very common thing in police interviews.

It is worth noting that before the interview under caution you are allowed to meet with your solicitor for as long as you need in a private room. My solicitor was writing everything down I was telling him. If this case went to trail I could always bring those notes out in court to show jury that I hadn't changed my story and that my lawyer wrote everything down before the interview had started.

What I didn't want though was to be interviewed by two experienced police interrogators who could twist my every word around and make me sound guilty, especially that I was so tired and could hardly even think straight. Many innocent people have been convicted based on their interviews alone. The police are not there to help you, they are not your friend.

In front of me were the two officers on the other side of the table. To my right was my solicitor (if you can call him that). Quite frankly he wasn't very good. But he knew more about the law than I did. I just knew I was innocent and the victim of this entire situation.

During the interview my lawyer read out my prepared statement and DC Dial started to ask the questions followed by DC Denton who were both sitting in front of me. Then it went back to DC Dial to finish the questioning. They were talking to me as if i was a rapist; it was as if they had already decided I had raped Eleanor.

They also tried several techniques to get me talking, and to trip me up, asking me some casual questions as if the interview had stopped when it clearly hadn't.

Another time I laughed when they asked me if I had tried to drown Eleanor using a water boarding technique which I found so absurd I couldn't believe what I was hearing.

The interview was however not funny at all and was an exhausting process. It was actually very stressful to have two officers interviewing me asking me such person questions and alledging that I had done the worst thing a man can do to a woman – rape.

Towards the end of the interview they asked me for my Facebook account details which I gave them. They also told me that they were seizing my phone.

When the interview was over the officers disappeared and came back a few minutes later with my keys and told me that they were now going to search my flat.

Before the interview, because I had been in custody for so long I had to sign a form that would allow the officers to hold me in custody for a further 12 hours - which would mean a total of 36 hours.

After the interview, when they went to search my flat I really didn't know if I would have to spend another night in the cell. I also didn't know about bail and thought that I would have to raise money for it. I spent a few more hours in the cell knowing that strangers were going through all of my personal possessions in my flat. It was awful think about. I had no idea how long it would take, and no-one told me how long it would be until I was released or if I would be released at all.

Typical police interview room

Taken into Custody at Nottinghill Police Station

We arrived at Nottinghill Police Station about 15 minutes later and went through a formal process before I was officially taken into custody, at the counter, where I was asked quite a lot of standard questions. All of my possessions were taken from me. Even scraps of paper were taken off me, my belt, my bag all my money was counted out and noted. They went through the contents of my bag and noted it. Every single item I had was noted and I had to sign a few electronic forms.

They asked me quite a lot of questions about my medical history and other standard questions. And they told me my rights. I was given the opportunity to give them the telephone number of a lawyer which I did, but did not have the chance to speak to her, they would notify her for me.

I was unfamiliar with being taken into custody and it was all quite a shock. I was taken to a room where some photographs were taken of my face, some head on, some from the profile. They also took some DNA from inside my cheek.

I was then taken to a special room to be finger printed where they scanned every finger individually, my palms and then my whole hand.

I was shown to a cell. The policeman told me if I needed anything to ring the buzzer and that otherwise he would come back when they had spoken to the lawyer. He then closed the door and I was locked inside the cell.

I just could not believe what was happening. It was Friday night and here I was locked inside a police cell. No one even knew I was here. The room was blank and there absolutely nothing to do apart from think. I didn't even have a clock or any means of telling the time.

The time ticked by and an officer came and I was handed the phone to a lawyer at Hodge Jones and Allen (by the way this law firm are not very good I would not use them again) who said someone would come from the firm to speak to me. I was shown back to the cell. After quite a long time a police officer came and told me my lawyer had arrived and I then went to a room and spoke to him in private.

From the time I went into the cell to the time I met the lawyer I think a few hours had passed and I spent most of the time walking around the cell in circles, just thinking. I was thinking of any evidence I had to prove my innocence. I ran through the time I spent with Ellie over and over again.

All I had were the messages on my phone and some emails. There was not really much evidence to help at all. I was very angry at her allegation but at the same time thinking of every conceivable solution to prove my innocence. I kept running the story through my head over and over again. That's all I thought about.

During the conversation with my lawyer in the police station, the police officers knocked on the door and then told us that they had to go home and that I would have to be interview in the morning and that I would have to spend the night there.

My lawyer also decided to resume things in the morning as it was quite late.

I was shown back to my cell and didn't sleep at all. I had been accused of rape and I was now in a cell and unable to speak to anybody. Shortly afterwards I asked if I could make a phone call to a friend and was taken to the police station counter. The officers retrieved my mobile phone but didn’t let me hold it, I told them who I wanted to call. They looked him up on phone and  dialled the number on the police station phone.

I didn't want to call my parents as there was little they could do, however I did want to speak to someone, for the sake of my sanity. My friend was familiar with the situation so far and was also spending the weekend with two other friends, which is why I choose him. I called him, but it went to answer phone and I left him a message, which unfortunately he didn't even realise I had left until days later.

I went back to my cell where I tried to get some sleep but couldn't. During my time in the cell the police officers were kind enough to bring me food, water and tea. Unfortunately this also meant that i had to use the cell toilet which is in full view of the peep hole and a camera on the top of the cell. There was no toilet paper and I had to ask a police officer for some toilet paper. There was no toilet seat either but I had to use it and do a no.2 not knowing who was watching. Being accused of rape was shocking and very stressful, but the combination being locked up in a cell also and not knowing what was going to happen next was especially frightening and humiliating.

There was no morning. I was awake all night long. I tried to sleep but couldn't. Every few hours a new police officer would come and check on me and ask if everything was ok, all I wanted to know was what time it was. I had no watch. My sense of time was all over the place. I was extremely disorientated.

It was 8am and I had been awake and not been home for 24hrs. I asked police officer if there was somewhere to wash and was taken out of the cell to a small sink near the police station counter where I took my top off and washed my face chest and arms with toilet paper soaked in water and soap in full view of many other officers and people waiting who were walking past. It was not very pleasant to wash in front of them all.

I returned to my cell where I stayed for several hours until my lawyer arrived at  4pm.

By the time my lawyer arrived I was absolutely exhausted. I had been awake since 8am on Friday and now it was  4pm Saturday. I spent the next couple of hours with him.

My lawyer was also exhausted. He told me that he had some emergency calls in the middle of the night and had only had about two hours sleep.

When we were writing my prepared statement he was so tired he couldn’t even spell correctly. He asking me how to spell the word unconscious that's how exhausted he was. He wrote it out three times on a scrap of paper to reassure himself that he had the correct spelling. When he had written it all out he then asking me if I thought if the statement was alright and did we cover everything? I couldn't believe what iI was hearing. The lawyer was asking me for advice, yet I have no idea to handle these situations. 

The situation seemed to go from bad to worse.

Notting Hill Police Station, where I was later interviewed

Arrested on Suspicion of Rape

It was Friday and I was agitated. Last night I found out more precisely what  Elie had been saying to my friends. That I had drugged and raped her and wouldn't let her escape from my flat. One of my friends even said they were considering ending our friendship. The rumours were spreading like wildfire.

I thought I would contact her father first of all. Perhaps he could talk some sense into her. I had his number on my phone from when she called him. So I sent him the following text:

QUOTE

03-01-2013 13:18

Dear Mr de Freitas. hello it's Alexander Economou here. Your wife called me the other night and i was wondering if you could give me her phone number as I would like to pass on some more information. many thanks. Alexander

03-01-2013 13:22

Or an email address?

UNQUOTE

I wait an hour and I did not hear back from him. So I sent Ellie the following email:

QUOTE

From: Alexander Economou

Date: Friday, 4 January 2013 at 13:34

To: Eleanor de Freitas

Subject: <no subject>

Dear Ellie,

I have met with a lawyer this morning with regards to your spreading of false stories and discussed the options available. I have also had extensive talks with zzzz zzzz, zzzz and your mother. From what I have seen and heard from them and others you have accused me of drugging you, you have told them that I regularly drug and assault other girls, you also state that I that use prostitutes, that I imprisoned you, and that I assaulted you etc. You have also said that you would pass my information to others.

This is now a very serious matter. You have spread lies about me to intentionally injure me and damage and stress is being caused. What you have done comes under both criminal law and civil law. In criminal law and the malicious communications act you could be jailed for 6 months for what you have just done. If you continue to lie e.g. to the police and pervert the course of justice, (as you suggested to zzzz and zzzz) then that carries a maximum sentence of life imprisonment. In civil defamation law you would have financial sanctions and injunctions imposed against you, however I have advised against this at the moment and to leave this for a later date.

Since the only option is the criminal route then, this evening I intend to visit Chelsea police station and file a report against you. That way all the facts are officially on the record. I will pass on all evidence, including all text, fb, messages, statements that others have made, details of all my phone calls with you and third parties, copies of messages from you that others have forwarded to me, the photograph of you and the madam etc. I will also visit Ann Summers and Harrods to get the names of the shop attendants and pass on their names to police as witnesses, as well as passing the names of my friends who you have lied to. And a full report of our evening and day together in every detail.

Alternatively you will contact every person you have lied to, you will retract your lies and tell them the truth and do everything in your power to repair the damage you have caused. If you fix the situation yourself then I can have no legal issues against you and the problem will go away. 

I would urge you to do this right now, because as soon as I leave the office tonight I will take the 14 bus straight to Chelsea Police to file the report, unless I hear otherwise.

Alexander

UNQUOTE

At 5pm I had not heard anything from Ellie or her dad David de Freitas. I call the Police and decide to report her for harassment. I call 101 and make enquiries about harassment. I tell them that Ellie has been making malicious lies to my friends and they suggest I make a full statement at the Police Station.

At 535pm I call David de Freitas one more time before I go to the Police Station. There is no answer. So I leave a voicemail telling him that his daughter is spreading lies about me and that I will be attending the police station.

At 6:15pm I bump into a friend near Chelsea police station and tell him I'm going to file a report of harassment against this crazy girl who's been making all these accusations about me. He tells me it happened to a friend of his.

At 6:25pm I arrive at Chelsea Police Station. I start to explain what's been going on and the officer at the front desk searches on the system to find my initial report I made on the telephone. He looks at the computer and asks me to wait in the briefing room opposite the front desk and closes the door. After 5 minutes he opens the door. There are two police offers standing there with their arms crossed.

"Is your name Alexander Economou", one of them asks?

"Yes", I reply.

"Do you a woman called Eleanor de Freitas" , he asks.

"Yes that's the woman I want to make a report about, I called earlier", I say in slight confusion.

There's a silence of five seconds as the officer takes a deep breathe and says: "We've had a report that you invited Eleanor de Freitas for dinner then gave her a drink or a pill, then she doesn't remember anything until she wakes up tied to a bed with semen dripping from her vagina, therefore we're arresting you for rape."

I couldn't believe it. I went silent for thirty seconds and my legs turn to jelly. I told the officers who arrest me that I thought I was going to have a heart attack. I was in total shock. You could have knocked me over with a feather.

They ask me if I have ever been arrested before to which I tell them no and they say, "Well it's a bit of a formal process I'm afraid, we're going to take you  to Notting Hill Police Station for questioning".

A few minutes later I was put into to the back of a custody van and driven to Notting Hill Police

Station.

Chelsea Police Station, where I was arrested.