29/03/2016 – Judge Directs Jury to Acquit in the Face of A Glaring Lack of Prosecution Evidence
R v F – Aylesbury Crown Court – Our client faced trial in relation to a serious allegation, arising from an incident on the sports field. Throughout the various stages of both the investigation and prosecution, the CWD Private Crime team became more and more concerned at the lack of any evidence to support the CPS assertions that our client was in any way responsible for the alleged crime. Through our own investigations and case preparation we were able to obtain statements from various witnesses, all of whom supported entirely the defendant’s account. Despite the lack of a single shred of identification evidence, the prosecution opened their case and called a number of witnesses.
Skilful cross examination by defence counsel Pamela Brain of Church Court Chambers highlighted the glaring inconsistencies in the accounts given. At the close of the prosecution case, legal submissions were made that the prosecution had failed to provide any evidence to link the defendant to the offence. The Learned Judge agreed entirely and directed the jury to acquit, even before any evidence had been called by the defence.
Steve Foster of CWD said “This has been an absolute living nightmare for the client, their family and friends. To face prosecution for such a serious matter where there was not even sufficient evidence to warrant a charge in the first place is disgraceful. How the gaping holes in the prosecution’s case had not been picked up by any of the lawyers involved in this prosecution is worrying to say the least”. Paul Coleman of CWD said “We’re just so delighted and relieved for the client. Had this result not been achieved, then the ramifications were horrific. It’s been one bad decision after another which has led to a prosecution being brought which should never have reached a courtroom. It’s just a massive relief for everyone involved in the defence team that our hard work has paid off”.
Pamela Brain of Church Court Chambers was instructed by Steve Foster and Paul Coleman of the CWD Private Crime Team.
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