SUCCESSFUL SUBMISSION OF NO CASE TO ANSWER- HISTORIC CHILD SEX OFFENCES
Dominic Hockley, leading Mahesh Karu, secured the acquittal of W, on counts of historic child rape.
Following s.28 cross-examination, and cross-examination of social workers and foster carers, a submission of no case to answer was made in respect of the two counts faced by the defendant. It was argued that, as a result of the evidence, the prosecution could not rely on a multiple incident count, and further the indictment could not be amended as it would lead to a plea of autrefois acquit. Secondary submissions were made as to the strength of the identification evidence and the reliability of the complainant’s evidence in respect of this defendant.
The judge ruled in favour of all submissions advanced on behalf of W, directing that he be acquitted of all counts.
Dominic and Mahesh were instructed by Mark French of Montagues Solicitors.
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