Summary
Our client was the manager of a bar and restaurant when he was accused by another member of staff of assault by beating. It was alleged that our client had thrown a stapler at the complainant, hitting her in the leg. Our client completely denied that he had assaulted the complainant. At court, the Prosecution’s case was weak, and Solicitor Russell Robinson made a submission of no case to answer. Ultimately, the case was dismissed and a not guilty verdict was entered.
Details of the Incident
While at work, our client and the complainant had a verbal disagreement. This resulted in our client becoming frustrated and throwing a stapler at the floor. The complaint stated that our client had thrown the stapler at her and that it had hit her on the leg, leaving a mark.
At the time of the incident, another member of staff was in the room who claimed to have seen our client throw the stapler and heard the complainant shout out. She later made a statement against our client, supporting the complainant’s account.
Our Defence
Solicitor Apprentice Christopher Wilson took on this matter, preparing our client’s case for trial. Our client completely denied that the stapler had hit the complainant. He accepted that he had thrown the stapler out of frustration but stated that he had thrown it at the floor where it then bounced and hit the wall. He regretted his actions, stating the incident was out of character and was a result of stress and frustration.
Our client maintained that the complainant had not been nearby when the stapler was thrown and was in fact in a different room. He also claimed that the witness’s account of the incident was false. He stated that the witness had been facing in the opposite direction at the time and therefore could not have seen any alleged assault.
The complainant had also reported the incident to the venue’s licensing company, leading to an internal investigation. This investigation concluded that our client had shown aggressive behaviour towards the complainant. However, after further analysis, Christopher was able to identify the flaws in the admissibility of this hearsay evidence and this evidence was dismissed as unreliable.
Ahead of trial, Christopher prepared a thorough defence where we asserted that our client had not assaulted the complainant and had no intention to do so. If our client were to be convicted of this offence, he was at risk of receiving a fine, perhaps ranging up to a community order as well as losing his job.
Court
The case was heard at Colchester Magistrates Court, where Solicitor Russell Robinson represented our client. The witness gave evidence in court, however her account was weak and inconsistent. It was established that she had not seen our client throw the stapler and simply assumed it had been thrown.
It was clear that the Prosecution were unable to prove beyond reasonable doubt that the stapler had made contact with the complainant. Russell therefore made a submission of no case to answer, which was accepted by the District Judge. The case was then formally dismissed and a not guilty verdict was recorded.
Our client was extremely grateful to Christopher for his support and guidance during the preparation stage and to Russell for his strong advocacy in court.
Client Testimonial
“I am extremely grateful to Lawtons for helping me through an exceptionally difficult time, they advised me exceptionally well, I felt comfortable and supported throughout my journey with them. They handled it with professionalism and compassion. If you are looking for someone who can things done look no further than Lawtons, simply magnificent.”
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