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.