Because as has been the case in three of the past four years I find
myself writing the sentence; "I'm going to be in Court tomorrow."
As I've been saying since this criminal damage allegation began back in
May 2013 I'm not going to reveal my defence strategy by going into
detail before the trial. However I think I am able to tell you about
something important that has or rather hasn't happened. The Crown
Prosecution Service (CPS) have failed to disclose the evidence alluded
to in the initial case file to my defence team. As a result we have not
been able to examine this evidence meaning we cannot mount a proper
defence meaning that a fair trial cannot take place.
As such legally the only thing the CPS can do tomorrow is request that
the Court grants an adjournment until such a time as this evidence is
released and can be examined by the defence. The Magistrate is under
absolutely no obligation to grant this request and my defence will be
vigorously opposing it and pushing for a full acquittal instead. After
all this is entirely the CPS' fault and the continuation of the case and
the associated bail conditions infringe on my liberty.
So at the risk of famous last words and although I've spent the day
making preparation I fully expect to turn up to Court tomorrow only to
be told by my attorney that the case has been dismissed and I can leave
straight away. After all 'forgetting' to disclose evidence prior to
trial is an old trick for making cases disappear without having to
explain the real reason why the prosecution has failed. The only worry
is that this type of trick is normally a bit above a local Magistrate's
pay-grade.
(Originally Posted) 23:10 on 11/11/13.
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