01/01/2016 – Coyle White Devine’s private crime department continues its success
Coyle White Devine’s private crime department continues its success, with two cases against its clients dropped.
In R v P at Bexley Magistrates Court, the defendant was due to face trial in relation to an allegation of driving whilst under the influence of drugs. Submissions were made by CWD prior to the trial date that the correct testing procedure had not been followed at the police station, regardless of the subsequent blood analysis readings. In light of these representations, the prosecution was forced to review the case against the defendant and subsequently discontinued the proceedings the day before the trial was due to take place.
In R v H at Llandudno Magistrates Court, the defendant faced two separate allegations of assault. Prior to the trial date, the prosecution made a ‘bad character’ application in order to adduce the defendant’s previous conviction during the trial. A ‘special measures’ application was also made to enable one of the victims to be assisted by an intermediary. Both applications were opposed by CWD and refused by the Court. Subsequent defence applications for disclosure of information pertaining to the character of the prosecution witnesses were repeatedly made by CWD. After months of chasing the prosecution, it became apparent that one of the complainants was on bail for an offence which would greatly affect his credibility as a witness. Applications for further information relating to the matter from the prosecution resulted in the decision being made by them to discontinue the proceedings against the defendant prior to trial.