Prosecution Offer No Evidence in Domestic Assault by Beating Case

Prosecution Offer No Evidence in Domestic Assault by Beating Case

 

Noor Elbaradie instructed Matthew Kingswell of 2 Bedford Row Chambers to represent C.

C was charged with two counts of assault by beating against his mother and sister.

At his first appearance hearing, the prosecution opposed bail and deemed that C was a risk to his mother and sister with whom he resides. Katerina Tsibouklis represented C during this hearing and made submissions in respect of bail, highlighting that a custodial environment would not be suitable for C due to his Schizophrenia. Katerina explained that he is of good character and willing to engage with mental health teams. Ultimately, C was granted bail.

Ahead of trial, Noor made representations to the reviewing lawyer highlighting the weakness of the evidence as the prosecution was only relying on two witness statements from the same complainant. Noor highlighted that the offence was not made against C’s mother as there was no statement taken from her and there is no corroborating evidence in addition to the witness statements taken from C’s sister.

The reviewing lawyer then said that the Crown is willing to offer no evidence if C accepts a restraining order of non-contact. After taking C’s instructions, Noor and Matthew were of the view that a restraining order of non-contact would not be in the client’s best interest seeing as C has strong family ties and they strongly support him, especially with his mental health.

At trial, C’s sister did not attend, and the prosecution sought an adjournment. The prosecution also referred to evidence in their submissions that had not been provided to the defence. Matthew opposed the application to adjourn trial on the basis that efforts had been made by the defence to obtain further evidence and that an adjournment due to the prosecution’s fault in securing the attendance of their witness would be contrary to the Criminal Practice Directions.

The Prosecution ultimately offered no evidence.