Kangs Solicitors represent clients at Crown Court trials throughout the country on a daily basis ensuring that our clients receive a fair trial.
Occasionally, unforeseen circumstances require the experience of trial hardened advocates to tackle a potentially unfair situation and Cagin Husnu of Kangs Solicitors outlines a recent example.
The Unforeseen Circumstances | Birmingham Crown Court
In a trial involving a significant international dimension before Birmingham Crown Court, we represent a client whose defence is linked to the physical presence at trial of one of his co-defendants.
Due to unforeseen consequences, that co-defendant, during the course of the trial, lost the assistance of his legal team with the result that the Trial Judge severed him from the current proceedings with the intent that he should be tried independently at a later date, whilst the current trial continued.
Additionally, the Judge directed that the jury should disregard all of the oral evidence that the co-defendant had already given under oath and indicated that such evidence should not form any part of their deliberations when, in due course, the time arrived for them to consider whether or not our client is guilty.
Application to Discharge | Kangs National Criminal Trial Team
It was our view that these circumstances adversely affected our client’s entitlement to a fair trial and, accordingly, an application was made to the Court maintaining that it would be prejudicial to allow the trial to proceed and that without the co-defendant’s evidence the continuance of the trial against our client would be unfair.
Following a detailed legal argument during week seven of the long-running trial, the Judge agreed to discharge the jury and arrange a fresh trial which would include this particular co-defendant who would, by that time, have had the opportunity to instruct a fresh legal team.
How Can We Help? | Kangs Criminal Defence Solicitors
Kangs Solicitors are ranked in the top tiers for criminal work by the leading legal directories the Legal 500 and Chambers & Partners thereby evidencing the quality of the service provided to our clients at all levels of criminal defence trials.
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