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Not Guilty Verdict in Derby

In-house Barrister Steve Gosnell and Senior Crown Court litigator Ruth Campbell worked together successfully to secure a not guilty verdict for a client before Derby Crown Court.

The Allegations

Our client faced three allegations of sexual assault involving a family member.  It was said that while at a family gathering both our client and the complainant were in drink.  He was said to have touched the complainant intimately, resulting in the three charges.

Key Disclosure

The key to the case involved additional disclosure.  The prosecution provided us with the case against our client but this did not include key mobile telephone evidence that he said would assist in his defence.

A document called a defence statement was carefully prepared on our client’s instructions.  This document is important not just because there is an obligation for a client to set out their defence or run the risk of the jury drawing adverse conclusions as to why he would not commit himself to a defence.

If is also important because it can cause the Crown to review material that it has in its possession or make further enquiries.  In this case, the review by the prosecution resulted in the additional disclosure of the contents of a text conversation between the two parties to the allegation.

Skilful Cross-Examination

The detail of this conversation was used by Steve in skilful cross-examination of the  witness.  It suggested that the account must be untrue, undermining the account that she had given to the jury and was properly emphasized in Steve’s closing address.

After what was no doubt careful consideration of the case the jury returned a not guilty verdict in relation to each count.

Preparation of a court case by experienced expert criminal lawyers can make a very real difference to the outcome of a case.  Here it was identified that the Crown held information that would undermine its case and we ensured that information was provided to assist our client.  It was then effectively deployed at trial.

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