Scott Tuppen’s client was charged with strangulation, assault occasioning actual bodily harm, and threatening with a knife.
Scott’s instruction followed a last-minute change of counsel. He promptly got to grips with a lengthy history of disputes between the complainant and defendant. Following a detailed analysis of unused material on the first day of trial at Nottingham Crown Court, he determined to pursue a comprehensive application for further disclosure from the prosecution, and off the back of that: an application to introduce evidence of the complainant’s bad character. The issues raised with the prosecution resulted in the police making further urgent enquiries culminating in a decision by the Crown Prosecution Service to terminate proceedings by offering no evidence at trial.
The result underscores the importance of the role of crown prosecutors in ensuring that material that undermines the prosecution case, or assists the defence, is disclosed to the defence, and the equally important role of defence advocates in scrutinising this material, and robustly insisting that prosecuting authorities pursue all lines of enquiry.
Asif Lakho of Arora Lodhi Heath, instructing, called the result a convincing win, and a great result, in a difficult case.