MMS Client Acquitted of Assault Charge

Case study summary

Our client had been charged with assault by beating after he had become involved in an altercation with a security guard outside a train station. He was acquitted after trial as we were able to show that the guard was in fact the aggressor.

Case study

Our client was a family man who had never been involved with the criminal justice system previously. He had taken his son to watch a rugby game in Cardiff and they had returned to the train station after the game was over in order to head back home.

When they arrived at the station, there were barriers, designed to organise queues, separating them from the entrance. There was no one in the queue and our client's son decided to climb over them in order to get to the front faster. It was at this point that a security guard working at the station grabbed our client's son and put him on the ground. Our client had gone over to assist and become involved in an altercation. The guard alleged that our client had punched him in the face. Our client denied this and stated that he had gone over to protect his son, who was screaming on the floor. He stated that the security guards present were being overly aggressive and he had only tried to push his way through.

Our client was terrified at the prospect of a criminal conviction as this would also mean that he would lose his job. He instructed our specialist lawyers in order to ensure he stood the best chance of clearing his name.

We began by analysing the evidence provided by the prosecution. In total, three statements had been provided from different security guards at the scene. Each account given differed dramatically from the last and it was clear that the security guards were attempting to cover their tracks. Our client's account had been consistent throughout and he had provided the same instructions to us as he did during his interview.

We obtained character references from those close to our client who attested to his gentle nature and these only emphasised the fact that he was not someone who was capable of acting in this manner. We also requested the previous conviction details for the security guards involved and discovered that two of the three had previous convictions for violent offences. This gave more weight to our client's account ahead of the trial.

In order to ensure that our client stood the best chance, we also instructed a specialist barrister to advocate on his behalf. During the trial, they were able to dissect the statements of the security guards and show the court that what they were saying was clearly untrue. The district judge hearing the case dismissed the matter after the prosecution witnesses gave evidence and our client was found not guilty. He was extremely relieved and was able to return to his stable home life and career.