Following successful legal argument lasting several days involving cross examination of a Branch Crown Prosecutor of the CPS, the indictment against MD was stayed as an abuse of the Court’s process. Instructed by Olliers Solicitors, Kate Blackwell QC persuaded HHJ Murray at Liverpool Crown Court to stop the case from proceeding to trial where there had been a promise made to MD in 2008 that he would not be prosecuted only for the CPS to review its decision upon a request made by the complainant to the DPP. The Court found that MD had acted to his detriment and that it was now impossible for him to have a fair trial.
Matthew Claughton, Managing Director of Olliers said, “This was a fantastic result. Courts are loathe to throw cases out these days and so successful abuse of process arguments are rare. However, this is the second such victory for Kate in recent Olliers’ cases where defendants have been charged with serious sexual offences.”
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