Strategic Defence Secures Justice for Wrongly Accused Businessman
Charges Dropped – Client Exonerated
Defence
Overview
Our client, a successful businessman, faced serious allegations including rape by penetration and indecent assault on two separate complainants (also known as: ‘accusers’ or ‘plaintiffs’). Following meticulous preparation and strategic Section 8 Applications (under the Criminal Procedure Investigations Act 1996), we found crucial evidence that discredited the chief accuser’s account, leading to the Prosecution dropping all charges.
This case serves as testimony to our robust defence strategies and the importance of contesting disclosure failures
The Allegations
Our client was accused of rape by penetration and two counts of indecent assault, involving two separate complainants. The Prosecution claimed that the events were suggestive of a recurring pattern of misconduct.
The allegations carried severe penalties that would have had life-altering implications for our client, and so our approach had to be steadfast and strategic.
Disclosure Failure
Police Negligence
The Challenges
The case presented significant challenges, including:
- A failure by the Prosecution to disclose evidence that would undermine their case.
- Police negligence in investigating the chief accuser’s mobile phone records, business associates, and her financial status.
- A short timeline, as the case was transferred to our Sexual Offences defence team just a few months before the trial.
Navigating these challenges necessitated a tactical approach in order to guarantee a fair trial.
Our Defence Strategy
From the outset, we took a meticulous and strategic approach to our client’s defence. Our legal team conducted an exhaustive review of all evidence, focusing on
- Thorough examination of all available evidence, pinpointing significant deficiencies in the Prosecution’s case.
- Submitting multiple Section 8 Applications under the Criminal Procedure Investigations Act 1996, compelling the Prosecution to disclose pertinent evidence.
- Sharing newly obtained evidence with the Prosecution’s trial Barrister, reviewing lawyer, and investigating officer.
- Undermining the credibility of the chief accuser, leading to an internal Prosecution review and the dismissal of all charges.
Our careful and strategic approach ensured that the Prosecution’s case was rigorously evaluated and effectively disputed.
The Result
After the internal Prosecution review, all charges were dropped, and our client was fully exonerated. This outcome preserved his good name and avoided a potential miscarriage of justice.
The outcome emphasised the value of proficient legal representation and the need to challenge any failures in disclosure that occur during criminal proceedings.
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Why Choose Us
Why Choose Ashmans Defence?
Expertise in Disclosure Challenges
Proven ability to identify and secure evidence critical to undermining false allegations.
Thorough Investigation Skills
Unmatched diligence in investigating overlooked evidence, including mobile phone records
Client-Centred Representation
Dedicated to providing unwavering support during emotionally challenging cases
Need Expert Help?
If you or someone you know is facing allegations of sexual offences, contact Ashmans Solicitors today for our expert advice and representation. We are committed to fighting for our clients’ rights. Our experienced Sexual Offences Financial team is here to help you, 24/7.
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