'CCTV Captures Attack, But Case Disappears in Plea Deal'

Caution: This piece includes content that some readers might find distressing.

Liz Shanks set up surveillance cameras at her house to safeguard her cherished collection of vintage automobiles. However, these same cameras ended up recording the increasing acts of violence she experienced from her ex-partner during their abusive relationship.

The disturbing audio evidence reveals multiple assaults where Chris Forrest chokes Liz, forces her down onto the floor, and also squeezes her throat against the wall in the driveway.

In one instance, he yells, "You will perish at my hands, you little coward," as she struggles for air.

The videos played a crucial role in a 2022 legal proceeding where Forrest received a 27-month prison sentence for assaults against Liz that occurred over a span of three years.

Confronted with the CCTV evidence, Forrest admitted guilt to four counts.

However, as part of a plea agreement, often referred to as a plea bargain, prosecutors consented to dismiss the remaining seven charges against him.

When Liz, a 36-year-old firefighter from Blantyre in South Lanarkshire, found out that the charges had been dismissed, she expressed feeling utterly heartbroken.

She is part of a group of abuse survivors who are calling for the law to be changed to ensure that victims are notified about plea negotiations agreed in their cases.

The head of the Scottish Conservative Party has supported this change, whereas Justice Secretary Angela Constance has expressed her disapproval.

Liz mentions that her initial awareness of the plea bargain came through a telephone call informing her that the legal proceedings had concluded.

“I stated, ‘How come I didn’t have a say in this plea bargain? Why wasn’t I informed or allowed to voice my opinion?’”

I felt crushed. I remained bewildered. Overwhelmed with disbelief. And I found it difficult to obtain details about which specific attacks he admitted guilt to.

I was quite disappointed because there was one case where he had supportive CCTV evidence but still managed to get away with it.

In that clip, Forrest is shown standing in the driveway awaiting Liz as he cracks his joints.

As soon as the vehicle stops, he starts his assault, yelling at her and yanking the door open, then diving towards the driver's seat.

Liz claims that Forrest choked her inside the car for approximately 10 seconds. The video subsequently depicts him slamming the car door onto her foot and kicking at the car window prior to dragging her frightened pet dog away using its leash.

Forrest was first accused of causing serious harm due to the attack. He entered a not guilty plea, which was acknowledged.

“I simply felt as though a significant portion of my universe had crumbled,” stated Liz.

I had been struggling for such a long time to witness the final outcome of this.

She stated that if he had been found guilty of that accusation, it would have provided her with "confirmation" - a crucial aspect for many victims.

Liz mentioned that informing the victims about a plea bargain would stop them from feeling like "mere spectators" throughout the entire proceedings.

She is one of seven activists highlighted in a Disclosure documentary Last year, individuals affected by domestic abuse called for increased rights for victims navigating the legal system.

Many of them state that they were not notified about the results of the plea bargains in their cases.

During these discussions, a procurator fiscal may agree to certain not guilty pleas when the accused acknowledges other offenses.

The Scottish Conservative leader, Russell Findlay, is striving to have modifications made to the process of handling plea bargains incorporated into the upcoming Victims, Witnesses and Justice Reform (Scotland) Bill.

He stated: "While we have no objection to the utilization of plea bargains, we believe it's essential that these agreements are conducted with complete openness. Additionally, victims deserve comprehensive information about when such arrangements take place, the reasons behind them, and the specific conditions agreed upon."

Frequently, what occurs is that charges are either weakened or completely dismissed despite having ample evidence to back them up. Consequently, without being informed about this at all, or possibly discovering it inadvertently, individuals end up experiencing extra stress and anguish.

Mr. Findlay suggested two modifications to the legislation, aimed at making it mandatory through legal means to inform victims when a plea agreement is made in their case.

Last time the bill was debated at Holyrood, he didn’t manage to garner support, but he plans to renew his efforts when it advances to the final phase of the legislative procedure.

Liz and other activists are penning a letter to the justice secretary urging her to back these proposed changes.

Ms. Constance expressed her disapproval of this change during a recent meeting of the justice committee, stating that it might "introduce additional complications for victims navigating the system."

She further stated: "Eliminating personal options might cause trauma for someone who has consciously decided against participating."

A representative from the Scottish government stated that the justice secretary is open to exploring further actions to guarantee that victims obtain the information they require.

The Crown Office and Procurator Fiscal Service states that plea bargains eliminate the necessity for a trial and spare witnesses from the ordeal of giving testimony.

A representative stated that they were "dedicated to hearing from victims while collaborating with partners throughout the criminal justice system to continually enhance the communication process."

Dr. Marsha Scott, CEO of Scottish Women's Aid, stated that engaging with survivors can be done respectfully and knowledgeably.

This isn’t about compelling interaction with survivors; rather, it’s about making the process accessible to them. This ensures transparency, enables understanding of what’s occurring, and allows them to manage as much as possible their involvement within the system.

Plea negotiations or bargain talks represent a crucial aspect that requires enhancement.

Simon Brown serves as the president of the Scottish Solicitors Bar Association, an organization that advocates for criminal defense lawyers.

He stated that those who complain—the supposed victims in such cases—should be informed about plea discussions; however, he advised against making additional compromises.

He mentioned that the problem arises when you need to obtain their permission.

People who complain lack the required legal expertise to determine which pieces of evidence are acceptable.

Evidently, due to their complaining nature, they will be prejudiced against any outcome less than a guilty verdict.

Liz Shanks states her intention to keep advocating for reforms that would improve conditions for abuse survivors. She has also been collaborating with the Scottish Fire and Rescue Service to create policies and conduct training related to this matter.

She is anticipating her first child with a new partner, and she believes this signifies that hope can emerge even after difficult times.

"Having been through similar experiences, I understand that you feel so downtrodden, you can't imagine anything this positive happening to you," she explains.

However, life has improved significantly. If I can transform a negative experience into something positive and assist others in the process, it helps me feel better about my own circumstances.

If you have been impacted by the themes in this narrative, you can find information and support here on Action Line.

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