News & Legal Advice
Crown Court Success in Drugs Importation!
Published - May 03, 2023
Foster & Coleman were instructed to take over representation of a defendant facing trial at Harrow Crown Court for offences relating to the importation of controlled drugs.
Our early involvement in the matter enabled us to fully prepare the matter for trial, including the service of an incredibly detailed defence statement which made a large number of specific requests for information relating to the investigation in general, and specifically others who had also been arrested for the offence. The information provided by the Crown as part of their ongoing disclosure obligations suggested that there was very little further disclosure that would be of assistance to the defence.
Two days prior to the start of the trial (a date which had been fixed for a year) the Crown stated that they were in the process of charging a linked defendant with the drugs importation offence and would be applying to vacate the trial so that that matter could be linked to our client’s case. In support of this application, they produced a large number of documents from telephone downloads, which itself was information we had requested months in advance and had never been provided with. The information served at the last-minute contained a large amount of phone records and message exchanges that completely supported the defence case as set out in the defence statement. There appeared to be no justification at all as to why this information had not previously been disclosed.
The prosecution application was submitted by counsel on the morning of the trial, opposed in the strongest possible terms by defence counsel, and emphatically refused by the Judge. The trial then commenced, evidence called, and on day four the jury retired before returning shortly afterwards to unanimously acquit our client, who was of course delighted!
Trial counsel was the fabulous Kate Parker of 5 Paper Buildings
https://www.5pb.co.uk/barristers/kate-parker
Posted in Criminal Defence on May 03, 2023