Lee Hughes, instructed by Damian Wall of Burton Copeland Solicitors, recently represented a defendant accused of section 18 wounding against a neighbour with whom he had a fight. It was alleged that the defendant kicked and stamped on the complainant after a disagreement. The complainant suffered a bleed on the brain.
Key witnesses from whom statements had not been taken by police were identified and statements taken. The new statements showed that the demeanour of the complainant was not as indicated by other statements upon which the Crown relied and undermined the complainant and other witnesses.
In addition, following a client conference and examination of the scene, advice was given that an expert report on the location of the offence should be commissioned. The expert report demonstrated that prosecution witnesses could not have seen the event unfold in the way they said they had, further undermining the Crown’s case.
The Crown reviewed the additional material at the invitation of the Defence and took the view that there was no realistic prospect of conviction in respect of the two offences on the indictment. On the morning of what should have been the first day of the trial the CPS offered no evidence and acquittals were directed. The defendant was able to walk free.
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