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.