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 Eleanor's 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

Commital Hearing: 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.

Police Officer admits he was so sick of Ms de Freitas lies he wanted to "smack her in the face" in secretly recorded telephone call

After having spoken to the police officer who tipped me off to more false accusations (on the 31st August) I wrote to him, asking if he could contact me again. I didn't have his telephone number but I did know the police station where he worked, so I wrote him a note.

It would be amazing if we could get his testimony that Eleanor had gone into a police station and lied again. A week had gone by and I didn't known if he was going to call me back.... when the phone rang.

The officer had called me back.

Now it just so happened that when I got wrongly accused of rape I got all paranoid and installed hidden microphones in my flat. The microphones picked up our conversation andI have a recording of that phone call.

We talked for 20 minutes,

The Policeman repeats what he told me the first time round on August 31st. He tells me that both father and daughter were at the police station a week ago, making various allegations against me and trying to get me arrested.

When I ask him about the details he can not stop himself from saying what he really think of Eleanor. The policeman was really pissed  off with her lies and he did not like her at all.

It was so surreal.

He said Eleanor was a "woodworm" that he could have "smacked he int he face" and that he would like to "hit her on the head".

More importantly he says that she is making up the allegations and trying to "use the police" to make me look bad. He says "There is no evidence of anything". This is good evidence to show that I am once again the victim.

Listen to the full recording here, the police officer starts ranting at around 3 minutes in.

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.

I try to contact my lawyers but they are away, the main one is on a camping trip and has no mobile reception. I decide I will write to her father myself. He needs to know t his daughter needs to get some lawyers asap.

See letter below:

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.

Harassment Warning issued against Eleanor

I had been in contact with the Police for the last few weeks begging them to take action against my accuser. This wasn't the outcome that I was expecting but at least it was something. Really she ought to have been charged with the much more serious offence of Perverting the Course of Justice. 

See below:

QUOTE

From: Grant McLachlan

Date: Thursday, 28 March 2013 at 21:22

To: Alexander Economou

Subject: Harassment allegation

Mr Economou

Ms DeFreitas was spoken to today and like you in Feb, was given a Harassment warning re her behaviour

She stated that she has not heard from you since Feb 22nd 2013, the day of your harassment warning.

The report is now closed and complete.

If Police receive a future allegation then due to the past history you both my end up arrested for harassment for failing to heed the warnings. There is no reason for either of you to contact each other

Regards

DC Grant McLachlan

UNQUOTE

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.

Email to David de Freitas bounces back

Unfortunately my email of 1st March never reaches David de Freitas and he never sees the evidence that I sent him. He will never confront his daughter and she will never confess...

Delivery has failed to these recipients or groups:

zzzzzzzzzzzzz

The server has tried to deliver this message, without success, and has stopped trying. Please try sending this message again. If the problem continues, contact your helpdesk.

Diagnostic information for administrators:

Generating server: bigfish.com

zzzzzzzzzzzzz

#< #4.4.7 smtp;550 4.4.7 QUEUE.Expired; message expired> #SMTP#

Original message headers:

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A letter to Gregg Hands MP

I was at my wits end and a week ago I decided to write to my MP (Member of Parliament) Gregg Hands to ask if he could help. He quickly wrote back to me suggesting we meet..

See letter below and also his response.

QUOTE

Gregg Hands MP

House of Commons

London SW1A OAA

27th February 2013

Dear Mr Hands,

I am writing out of desperation and exasperation. I don’t know where to turn to and could do with some help.

The matter is related to police crime reference number zzzzzzz Here I explain:

Two months ago I was falsely accused of rape, the consequences were that I was arrested, there was a police investigation and I was held on bail for 7 weeks. Needless to say it has been the most stressful experience of my life. Even though the case has been dropped with “no further action” and for the rest of my life people can always say “he got away with it” or “no smoke without fire”.

During the investigation I provided the police with some evidence that clearly showed that the woman was lying and had made a false complaint. However they completely ignored this. Please let me explain the absurdity of my evidence:

This includes CCTV of the woman and myself shopping for 25 minutes a few hours after the alleged rape. The CCTV shows us laughing, smiling and even kissing. The shop in question is Ann Summers, which is a sex shop. During the 25 minutes shopping spree the woman spends £340 on sex toys, lubricant and outfits - as I look on. The CCTV shows us walk out together with four bags full of our purchases.

As well as the CCTV evidence my lawyers forensically downloaded mobile phones of third parties that showed the woman had sent messages, a few hours after the alleged rape saying the following:

“Yes I like Ec, a good match, we shall see what happens”

“We’ve had huge fun together and still together doing last minute Christmas shopping”

In fact the police have access dozens more emails and messages sent from the woman to third parties showing that she lied as well as other evidence. During the investigation the woman even asked one of her friends to make a false police statement, this person however refused to get caught up in the lies and ignored three police requests to make a statement.

My frustration with this entire matter is that I have rock solid proof that the woman was lying and yet the police and doing absolutely nothing about it. This has been a particularly malicious allegation - the woman’s motive was revenge for not wanting to see her again after a one night stand. The police are even in possession of text messages to a 3rd party that say 48 hrs after the alleged rape:

“Without going into specifics, Ec and I had a fling, encouraged by zzzzz. 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”

And

“I just never want to see him again. He has also de-friended me on Facebook. I don’t understand what I have done wrong???”

Whilst on bail I was facing 5 years imprisonment and legal fees of up to £90,000 had it gone to trial. Thankfully the CCTV and 3rd party’s telephones blocked the case. However if I had not obtained this evidence I could be in prison right now, especially if the woman’s “witness” had lied. I just cannot believe that someone can walk into a police station, make up a false complaint of rape with absolutely no fear of any consequences.

I think that it is in every man’s right to not be fearful of being falsely accused of rape and I believe that it is in the public interest for this matter to be examined further by the police and the cps. This is no joke as the police seem to think. I am currently £10,000 poorer from defense lawyers, 1 stone lighter from stress and have not slept in two months and an generally a nervous wreck because of this awful false allegation.

I just can’t believe I’m writing to you about something like this, but it is important that justice is done and people who make false allegations of rape are punished. If you wish to see the absurdity with your own eyes I can arrange to send you whatever information you wish to see including police documents, emails, video etc of the above mentioned evidence.

Please may I ask for your support in this matter. I would be grateful if you have any suggestions. I am currently seeking lawyers advice but so far the police have said they will not investigate. I feel that I need to come in at all angles on this so I’m taken seriously. The situation is absurd.

Your Sincerely,

Alexander Economou

UNQUOTE

His replied with the following letter.

I send an email to Eleanor's father - David de Freitas

I decided to write again to David de Freitas, perhaps if he spoke to his daughter she might confess?

From: Alexander Economou
Sent: 01 March 2013 21:08
To: David de Freitas
Subject: Apologies for my outburst


Dear Mr De Freitas,

Firstly I would like to apologise for my outburst sent on the 21st February. I was terribly upset at the time, and do not intend to cause you further alarm or distress.

In this email all wish for is for you learn of some important facts and see it for yourself the other side to the story. Please give me a chance to communicate with you. That is what I was trying to do several times on the 4th January but unfortunately since then I was barred from communicating due to bail conditions.

Below is an email that my lawyer sent to the police on Monday the 18th February. Please read through it and look at the dates and times next to each item. If you have any doubts about the contents then I can arrange for you to meet directly with my lawyers first thing on Monday and look at the text message evidence / CCTV evidence with your own eyes. What we disclosed is just a tiny portion of the facts.

I just want to re-assure you that there never was and could never have been any drugging, raping, torture etc. I’m sorry if it hurts you that I am suggesting that your daughter lied to the police, but please look at the facts below, and that’s just a tiny portion of the facts. The voicemail that I left you on the 4th January, that really was the truth. Why else would I do it or be contacting you right now? For what purpose?

I just want to give you an opportunity to see some facts, as I have no idea what your daughter has been telling you. If you disbelieve the below email and would like to see my lawyers in person to verify the contents then by all means I can arrange a personal meeting between you and them asap.


All I want is for you to see the truth. I’m sorry again for my outburst on the 21stFebruary and promise to never contact you or your family again after this message.





Alexander

Today I got angry and frustrated

Ok, so I'd just been NFA'd. And I should be celebrating right?

Wrong. I was very upset because the police won't take action against Ellie.

So what has happened is this. Ellie walked into a police station, tells a story, provides no evidence and the Metropolitan Police arrest me, interview me and search my flat.

But when I give them actual CCTV and text message evidence they tell me to go away.

They won't even record the allegation.

I was mad.

Quite frankly I think her father David de Freitas is an idiot. I warned him that I would be taking legal action even before I got arrested. He must know that his daughter is completely mad, yet he just encourages his daughter to keep lying.

I was off bail and within my legal right to contact Ellie so I sent Ellie and her father a message to let her know that I will be hiring lawyers and will be taking legal action.

And guess what happened next?

The police tell me that threatening legal action is tantamount to harassment. But I am not threatening violence, I am threatening legal action.

The whole thing is mad. See below.

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.

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.

This is a 5 minute version for easy viewing (we were in there for 25mins).

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.