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09/12/14

Client found ‘not guilty’ in Old Bailey trial

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The Defendant was charged with conspiracy to kidnap, having a firearm with intent, blackmail and being concerned in the supply of class A (cocaine and heroin).

The firm was instructed only 3 months prior to commencement of the Trial at the Old Bailey in December 2014.

The service of material by the Prosecution was hugely insufficient.  Therefore, the Defence undertook a mass disclosure exercise.  Following, numerous applications and negotiations with the Police the Defence managed to secure the release of important telephone evidence and CCTV evidence.

A site visit was also conducted by the Defence retracing the route the kidnappers were alleged to have taken the Complainant.  It soon became evident that the kidnap simply could not have taken place.

After trawling hours of CCTV and cross referencing the CCTV with mobile telephone evidence including cell site, billing and the downloads of the mobile telephones, the complainant was positively  identified as being in another location at the time of the alleged kidnapping.

On day three of the trial the Prosecution offered no further evidence against the Defendant in respect of all charges and not guilty verdicts were recorded. The Defendant was saved from serving a lengthy sentence of imprisonment on the basis of a fabricated account by the complainant.

The solicitor with conduct of this case at Kangs was Frances Murray.

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