More Lies by David de Freitas

The Director of Public Prosecutions had only just made her statement confirming that the evidence was strong in the case case against Eleanor, and thus vindicating me, when Mr de Freitas struck back.

He had contacted the Daily Telegraph to publish a press release and also wrote and article in The Guardian authored by himself stating that what the DPP had said was wrong and that the evidence in the case against his daughter was based on "rape myths".

This was meant to be a day if vindication for me, the day when the news was focused on the DPP's statement. But no. Mr de Freitas stole that moment from me.

He was saying his daughter was victim and that I was guilty, all over again.

It was an ambush designed to confuse the public.

Once again I was under attack.

But this time I was going to take legal action. This time I was going to sue him for libel.

I had been amazingly patient over the last 5 weeks, but this was the final straw. There are only a certain amount of times that one can put up with being accused of being a rapist and this was the 7th time he had done so.

I called up my lawyer. We were going to take de Freitas to court.

DPP: Evidence, including texts & CCTV, contradicted Ms. de Freitas's account.

Ever since the press had come out over a month ago I had been waiting for the DPP to make a statement about the case. But no one knew what she was going to speak out, last of all me.

She had been heavily criticised by Mr de Freitas in the press, so it was expected she would confirm that the evidence in the case against Eleanor was strong.

What she had to say would be really important. The DPP is effectively in charge of all the criminal cases in England and Wales. That's everything from murder to speeding fines. Her word would be taken seriously. If she said there was evidence to show that I was innocent then that would be amazing. 

Finally on the 9th December 2014 the DPP, Alison Saunders made a public statement

Saunders emphasised that there was strong evidence against Eleanor de Freitas, including text messages and CCTV footage that directly contradicted her account of the alleged rape. The decision to prosecute was explicitly based on this concrete evidence rather than stereotypes about how victims of sexual assault should behave.

She also confirmed that the CPS thoroughly considered Eleanor de Freitas' mental health before deciding to prosecute. A detailed psychiatric report, commissioned by Ms de Freitas' own legal team, concluded she was aware of the implications of her actions and was mentally fit to stand trial. No additional medical evidence was subsequently provided that would have justified discontinuing the prosecution.

And explained that it was highly unusual to prosecute without initial police support, as happened here. The police had not carried out their own investigation into the allegation of perverting justice and were not able to form a view on the evidence.

 

Below: Alison Saunders, Director of Public Prosecutions

 

Mail On Sunday: Time to fight back

I had had enough.

Three weeks ago Mr de Freitas had accused me of rape.

I tried to make peace and explain that there had been "wires crossed" but his lawyers ignored me.

Then he had gone and made a report of harassment against me.

Fine then. I am going to the press and I am going to tell my side of the story. I am going to tell the truth and it's not going to paint a pretty picture.

I was so nervous when I met the reporter from the Mail on Sunday. I had never done a press interview before. The day before I had bought a suit especially for the occasion, for there would be photographer taking pictures of me for the article as well. I didn't really want my photo in the press but no photo = no interview.

We met at Soho Hotel in London where the Mail on Sunday had rented a suite, she turned on her tape recorder and I spoke for almost five hours non stop telling her my story. It was so nice for someone to listen to my side of the story. My lawyer was also there to show her the evidence.

When I got to the part about Eleanor being an escort she said "I know, the editor already knows." Wow, these newspapers are clever. But it was still very much under the radar in the press, no one was reporting on that aspect of the case.

My main goal was to clear my name, and for them to publish some of the Ann Summers CCTV. that would be amazing.

The following day I met the Mail on Sunday photographer and we went to Kensington Gardens to take some photos by the fountains. He was so nice to me, very understanding. I remember that day well. It was almost December but it was a beautiful Autumn day.

Everything was complete, the interview was done and the pictures taken. I had to wait just two days  and the whole world would know I was innocent.

The night before the article was due to come out I checked into a hotel. I didn't want to be at home in case reporters came round. They had come round to my flat (and also my office) before and it was really intimidating.

I had booked the presidential suite at this swanky hotel near the airport, all booked on air miles which i had yet to put to good use. The room had a separate living room and the most amazing bathroom with stand alone bather, steam room and shower.  I spent the entire evening in a  bathrobe lounging around ordering room service. It was so nice to finally unwind before the story came out. For the first time in weeks I was feeling relaxed.

In the morning millions of people around the country would be waking up to my story both in print and online.

At 9.59pm I received a text message. The story was live! A friend had just seen the story on the MailOnline website and it was at the very top of the webpage. I couldn't believe it.

I spoke to many people that evening, with each person congratulating me. The story explained that there was evidence to show that Eleanor was guilty and had in fact been leading a double life as an escort.

I slept like a log. I slept so well. Finally I was vindicated.

In the morning I felt normal again, after weeks of continuous stress. I couldn't wait to see the hard copy version in the Mail on Sunday.

This is a picture of me reading the Mail on Sunday article at the breakfast table of the hotel.

Reading the Mail on Sunday article at breakfast.

Trying to make peace with David de Freitas but he and his lawyers ignore me

I never wanted to go to the press. I never wanted any attention or focus on me.

When David de Freitas went to the press I wrote him a letter warning him to stop. I asked him to stop and wrote to his lawyers.

I could have gone to the press and revealed the truth abut his daughter being a liar and a prostitute but I didn't. I gave him a chance to calm down and to stop spreading lies. It was in both our interests for the press to die down.

Unfortunately he and his lawyers weren't having any of it. All they had to do was to call it peace and we could both get on with our lives. But no.

I didn't even want to take legal action at this stage. Even though he had accused me of rape I was still willing to let to go... as long as he promised to stop making any further false accusations.

Here's is an email chain between me and his lawyer Harriet Wistrich. She never got back to me...

QUOTE

-----Original Message-----

From: Alexander Economou

Sent: 14 November 2014 17:37

To: Harriet Wistrich

Subject: Eleanor de Freitas case

Dear Harriet,

I was the prosecutor on this case. Your office gave me this email address. I called earlier.

I know the family hate me, but please could we have a dialogue? I think there's been some wires crossed and I would like to give you some info to help the media situation for us both. I can't help thinking they don't know the full picture. As the prosecutor I can tell you pretty much everything you want to know to fill in the gaps.

Can we have a telephone chat at some point? Would this be ok? My number is 07XXXXX.

Kind regards,

Alexander

====NEXT MESSAGE====

On 16 Nov 2014, at 10:35, Harriet Wistrich  wrote:

Dear Alex

Could you explain to me what you mean by "help the media situation fo us both"?

Thanks

Harriet

====NEXT MESSAGE====

On 16/11/2014, 12:45, Alexander Economou  wrote:

Hi Harriet,

And thank you for you reply, it is very much appreciated. Please if I could just give you some information.

The police are currently under investigation at the moment regarding a complaint I made in February 2013 (which they are re-investigating) and the IPCC are also investigating another complaint I made in July 2014.

I will forward you the IPCC letters now. I will also fwd. you a letter from the CPS, just so you know that what the IPCC letter contains is true.

I sent a paralegal to visit the court on 24th January 2014. He took an attendance note which I will forward to you. You will see that it was the police who were refusing to co-operate with the CPS when it came to the unused. What were the police hiding? A couple of years ago EDF had made a separate false allegation of rape against another man, and the police took no action that time. As a result she went on to falsely accuse me of rape. The police did not disclose this info when the CPS were considering taking over the case, they went on the evidence alone. It was only after the police had to hand over unused evidence that the CPS found out about this. That first report of rape was very obviously false (as per police documents) and the CPS were going to use that at trial.

When you look at the EBR Attridges file you will see that EDF was trying to do a deal with the CPS to plead guilty to wasting police time and the CPS said no. The evidence was overwhelming. That morning she killed herself her lawyers told her to plead guilty. Kaim Todner had also told her to plead guilty.

The medical reports are extremely damning. They both call her a manipulative and sophisticated liar.

At the moment the press seems to think there is “no evidence” when I have in my possession CCTV on 5 cameras showing EDF and I buying £340 sex toys for 25 minutes AFTER the alleged incident. As well as statements from 20 other people, 6 phone reports etc etc.

Right now I have been labelled a rapist by David De Freitas. I have to defend myself ok? I will be compelled to release the Ann Summers CCTV in due course as well as photos of all the sex toys which are official exhibits etc etc. Note the CCTV was collected by my defence lawyers so I can release it at any time and there are no legal issues.

In the Daily Mail David De Freitas says that I was “harassing” and sending him constant texts and voicemails. It couldn’t be further from the truth, in fact I have a recording of the police, saying exactly the opposite! In that recording the police state EDF and the father were making a false harssment report to de-rail the private prosecution.

I will now fwd. you a number of documents to show you what I am saying is true.

Kind regards,

Alexander

UNQUOTE

David de Freitas Press Campaign: A nuclear bomb explodes out of nowhere

I was sitting at my desk finishing up on some work when my lawyer (from the Private Prosecution) telephoned me in the early evening of 6 November 2014 and told me she had been contacted by the BBC. I hadn't spoken to her in a while. We had finished the litigation over six months ago.

I did a few searches online and found an article about my case in the Guardian Newspaper. It had been published at 720pm that day. It was at that moment that everything fell apart for me. My life has not been the same sine and that month was a terrible, terrible time where I was the subject of a huge amount of comment in the national press, in social media, and among my friends and acquaintances.

I contacted the prosecution witnesses and told them what was happening. We agreed not to speak to the press and preserve our privacy. We were all very concerned about our privacy. I also contact my father and colleagues from my work and told them not to speak to the press. I contacted on of my neighbours and also asked hi not to speak to anyone. One of my friends told me to look at Twitter and I saw one new Tweet after another popping up.

That night i did not sleep. Not even 20 minutes. I stayed completely awake all night long, reading the various tweets and monitoring the internet. I was very nervous about the BBC Radio 4 today program, I had no idea what was going to happen. At Around 730am I resumed contact with my lawyer. At 810 David de Freitas was on the radio and spoke for around 10 minutes.

David de Freitas speaks to the press on November 7th 2014

I listened to it live. I could not believe what I was hearing. He was saying that he daughter had been the victim of a rape and that there was no evidence that she had lied. What about the CCTV of her buying sex toys? What about the text messages of her apologising? What about the messages of her being angry at the breakup? What about all the other witnesses that she had told a different story to?

David de Freitas did not tell the press about any of the evidence. The press never reported any of that because they did not know about it. Mr de Freitas wanted to hide that, he wanted to hide the truth and he just brushed any suggestion that his daughter being guilty as a rape myth. David de Freitas was lying to the nation.

The Today Programme interview which was on BBC Radio 4 is one of the biggest breakfast radio shows in the UK. It is a very serious current affairs programme. He was lying to millions of people. people all over the country who now believed that Eleanor de Freitas was the victim of rape and had been wrongly prosecuted. Twitter and social media were going mad. The interview lasted for 10 minutes, it was one lie after another.

By 9am the entire country was talking about this case. Every news channel, every radio station was covering the story about the rape "victim" who had taken her own life.

The first article had been retweeted over 600 times. But there were many other articles coming up. People were discussing the case on TV, there were guest speakers from rape charities.

Even Bianca Jagger (who has 82,0000 follower on twitter) was tweeting about the case. She said: "Extraordinary testimony from David de Freitas about the CPS conduct in the case of his daughter Eleanor de Freitas".

By the afternoon the story was being covered by Sky News, BBC, Guardian, Telegraph, Daily Mail, Independent, Express, Metro, Sky, Huffington Post, The week, ITV, Evening Standard, London24, The Sun as well as being featured in many smaller blogs.

As soon as the Radio interview was finished the phone started to ring. It was friends who had either heard the Radio interview or had read about the story in other news.

Miranda de Freitas (David de Freitas wife) starts harassing prosecution witnesses

When Eleanor died I could smell trouble was brewing on the horizon.

It had been about two months since her death and thankfully no media had clocked the death, it hadn't been reported and it was below the radar.

Whilst it was very sad and shocking that she had a died, it did cause me a bit of a dilema, that now I would be unable to prove my innocence. If this got to press then it would be more difficult for me to defend myself. If she was found guilty at trial then it's quite easy to persuade people that you are innocent. You just say that she was found guilty of lying. So I was nervous of press. I was nervous her parents might start becoming angry and thats exactly what started happening.

In June and July her mother Miranda de Freitas started contacting witnesses and sending them threatening messages. The witnesses contacted police who attended her house and gave her a verbal warning but this wasn't the end of it, I could smell trouble on the horizon.

Little did I know that Eleanor's father,  David de Freitas was already planning his attack and to get his revenge, for he blamed me and the CPS for the death of his daughter.

In four months time he would drop a surprise atomic bomb of press that would almost end up killing me.

The trial that never happened

The following is a note on what was meant to be first day of trial. The note was taken by one of my solicitors.

IN THE CROWN COURT AT SOUTHWARK

BETWEEN:—

R 

Prosecution 

-v- 

ELEANOR DE FREITAS 

Defendant 

ATTENDANCE NOTE 

06.04.2014 

For: Mention, Court 10

Attendance: Prosecutor – Simon Spence QC (SSQC)

Defence – Mary Poku (MP)

Result: Indictment endorsed with the death of the defendant by suicide;

Case closed until further evidence to the contrary.

1. Arrived at 09.00. Hearing put back until 10.30

2.  I returned to wait outside of court 10, where MP and the representative of the defence solicitors were also waiting to enter court. Upon entering the court, I was asked quite abruptly by the defence representative who I was? I explained that I was a member of the public. We then entered the court.

3. Upon waiting in the public gallery the defence representative approached me and stated, ‘I apologise for being rude earlier, but this is an awful case in which there is a girl on trial who should not have been on trial and she has taken her life.’ I acknowledged this comment and the defence representative returned to the defence bench.

4. 10.31 – SSQC then opened the matter by explaining that tragically, on Friday, the defendant, Ms Eleanor de Freitas, had taken her life. SSQC, on behalf of the crown, offered his condolences to the family of Ms de Freitas.

5. SSQC directed HHJ Taylor to the appropriate page in Archbold dealing with how to certify a defendant’s death. He explained that usually you would require sworn evidence from a police officer who had identified the body, however that did not seem to be required anymore. SSQC explained that he had spoken to the coroner’s office this morning who confirmed that the police had attended the mortuary to confirm the body was that of Ms Eleanor de Freitas.

6. HHJ Taylor asked MP whether she had provided notification to the CPS. MP explained that she had and that she would like to add that PC Tayling and PC Tucker attended the family home, along with a consultant and paramedic, on Friday where Ms de Freitas was confirmed dead at 14.57. She was found by her mother hanging. Ms De Freitas had left a note, found by her mother, explaining that she had felt ‘trapped by the system’. Her mother called the police and the officers already stated had attended. These officers later attended the mortuary to confirm that the body was that of Ms de Freitas.

7. HHJ Taylor confirmed that there was continuity between the prosecution and defence to confirm that this evidence was reliable.

8. HHJ Taylor ordered that the Indictment be endorsed with ‘death by suicide’ and will have no legal effect until further evidence is adduced to the contrary. The file will be closed.

9. HHJ Taylor said that this was a tragic case for all concerned and offered the court’s condolences to the family.

10. 10.36 - Close

Eleanor commits suicide

It was Friday and I had just gone to Southwark Crown Court to have a look round in preparation for the Monday, that's when the trial was due to start.

I was very nervous. This trial was going to last a week and I was the main witness. Eleanor's legal team were gong to put me under very intense cross examination.

Whilst in the court I went to the exact court room where the trial was to take place, I met the usher and introduced myself. I stood in the witness box and imagined myself giving evidence whilst I stared across at the empty jury seats.

It was a fine spring day and so I walked back to my office along the River Thames. I went back to my office and tried to relax as much as I could. Finally, I was going to have my trial. Finally after 1 year and 4 months of waiting we are finally there.

It had been a long 16 months. From having been arrested to collecting the CCTV and text message evidence, getting witness statements and building up a case. The case had been approved by the courts, it had been approved by the CPS.

In one week Eleanor de Freitas would be found guilty and my name would be cleared once and for all. She would probably go to prison for 12 months and then we'd all get on with our lives.

At 434pm my lawyer sent me an email asking: "Is there any chance you could pop by and see me at half six? Would like to have a quick chat pre-Monday & would like to have it in person. Is that ok?"

At six o'clock I headed to see my lawyer. None else was there it was just me and her. She met me in the lobby and we headed up in this very small lift into her office.  I was telling her about my visit to the court and asking a few questions about the trial. I was excited that we had made it this far, we had spent 16 months working on this case and finally we were days away from trial.

She brought me into her little office and said "Alexander, I don't think you've been in here have you?" and she left the room briefly to bring a chair opposite her desk. 

She closed the door and said "Alexander I've got some news about the case I need to tell you about". Nothing could prepare me for what she was about to say.

And very slowly, she says the words: "Ellie has... killed herself".

I could not believe what I was hearing. It took several seconds for it to sink in, but even then I still could not believe it.

"Oh my god", I kept saying. "Oh my god, I can't believe it".

It's a very strange thing to have your nemesis die. For the last 16 months she had been the focus of my attention, in terms of building up the case. And now he was dead. This person that tried to destroy my life had now died.

There were all sorts of mixed emotions going on there. It felt truly weird to actually feel sorry for the person who tried to ruin my life by making false accusations against me, but I did. Of course I did.

I was in shock. It seemed all so tragic. Going on a date with someone and then all of this mess and then they commit suicide. It just seems so weird, so awful how this all ended.

All she needed to do was to say sorry and admit that she lied but it was too much for her. I think she knew that she would be going to prison and was afraid of that. But I was very sad, very shocked. Noone wanted her to die, I just wanted to clear my name and for her to learn her lesson. She would have spent no more than a year behind bars and that would have been it. Life back to normal.

Most of all I felt for her parents. They were innocent bystanders as far as I was concerned. I did not have any issues with them. All I could think about was her parents. She was their only child. I was thinking about them right now, I wonder what they are feeling, what they are doing?

Then my lawyer said to me. "Look, you don't know this and you weren't meant to find out until after trial but Elie had done this before, you were the second person she had falsely accused of rape. There was another guy she false accused before you".