Domestic Assault Client Not Guilty after CPS drop caseCase discontinued by the prosecution
Case study summary
Client faced allegations of assault, controlling behaviour and dangerous driving made by his ex-partner. He spent months in prison waiting for trial. We advised him to plead not guilty, despite pressure from the CPS and the Judge. The case collapsed on the first day of trial.
Our client was a young man with no previous convicitions or involvement with the police whatsoever. He came from a hard working family and never thought he would need criminal lawyers. However, he was in a turbulent relationship with his ex-girlfriend and allegations of domestic violence were made. He was accused of beating her up in a hotel room and forcing her to take alcohol and drugs, before driving dangerously around Bolton with her in the car. She also said he controlled her through their relationship. At the time she was pregnant with their child so the allegations were even more serious.
Our client was brave and confided in us enough to tell us that he was actually the victim of domestic violence throughout their relationship. He called us to represent him at the police station and we put forward his defence in a written statement. Unfortunately, he breached his bail conditions not to go near his former partner, and as a result, he was charged and was detained without bail before the trial.
At the Crown Court, we put forward a detailed Defence Statement accusing his former partner of precisely the same type of allegations she had tried to make against our client, and requesting disclosure showing she was lying. The prosecution completely ignored these disclosure requests. They appeared to have a dismissive attitude to any suggestion that she was not a credible witness. We demanded the prosecution explain their refusal to provide evidence, and we even brought them before the judge on several occasions to make sure they did their job properly.
It took several months for the case to reach trial. The prosecution and even the Judge attempted to pressure our client in court to plead guilty to less serious offences. Our client maintained that he was not guilty of anything. We believed him, and we told the Judge and the CPS that there would be no deal.
We went to Bolton Crown Court for his trial but on the first day, we were told that the complainant had refused to come to court. Again, the prosecution asked us to plead guilty. This time, the client was feeling the pressure and told us he was tempted. We advised him this offer was a last desperate effort by the CPS. After several gruelling hours, the Judge changed his view of the case. This time, he was pressuring the prosecution to give up. They finally agreed and our client was released from prison on the same day.
He was over the moon about the result, and was able to return to work and focus on fighting for custody of his child. This is a good example of what a relentless approach to fighting for clients and not backing down can achieve.
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