Ella Hughes secures acquittal following trial for serious sexual offence
Ella Hughes secures acquittal following trial for serious sexual offence
Ella Hughes, instructing Jess Ward of 2 Bedford Row Chambers, successfully defended R who was accused of rape. Following a 7 day trial before the Southwark Crown Court, R was unanimously acquitted.
The offence dated back to 2021 and R was accused of rape against a work colleague. It was alleged that following a planned night out together, R forced his way into the bedroom of the complainant and had non-consensual penetrative sex with her. R instructed that he and the complainant had consensual sex together.
The prosecution case was that the complainant had a long term boyfriend and therefore would not have consensually had sex with R. The defence relied on CCTV footage from the nightclub the night of the alleged incident and had been seeking full disclosure of the phone download, including the full transcript of WhatsApp messages between R and the complainant before that night.
In a successful cross-examination of the officer in the case, defence counsel Ms Ward managed to get the officer to admit he could not be sure whether he had properly uploaded and served the download of R’s phone. The trial was adjourned overnight for the officer to double check the download of R’s phone to be sure there were no further messages and that the defence had been disclosed all material. It transpired the officer had omitted to upload over 180 pages of WhatsApp messages between R and the complainant in the days leading up to the alleged offence. The messages showed a discussion between the two about their plans for that night. The defence submitted these messages helped to show, at the very least, a reasonable belief in consent.
Following a 7 day trial, the jury retired to consider their verdict for 1 ½ days before returned a unanimous not guilty verdict.
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