Summary
Our client (client A) and his partner (client B) were both charged with assault offences following a physical incident with another parent at their child’s school. Thanks to the excellent support and legal expertise provided by Trainee Solicitor Lauren Gilbert, Senior Solicitor Kajel Doshi and Managing Partner Stephen Halloran, all charges against both clients were dropped ahead of the trial and the case was discontinued.
Details of the Incident
In a phone call to the Police, the complainant reported that client A had begun shouting abuse at her outside of their children’s school, relating to an ongoing incident between their children.
She alleged that a member of the public attempted to intervene but client A refused to leave the scene. She claimed that he then circled her before grabbing her chest and leaving scratch marks. It was at this stage that the complainant stated she began recording client A on her phone.
The complainant claimed that client A attempted to grab her phone to stop her from recording, then slapped the phone and threw it to the ground.
The complainant also reported that, upon seeing the incident unfold, client B also assaulted her by pushing, slapping and kicking her.
Police Station Representation
Trainee Solicitor Lauren Gilbert represented both clients at the Police Station, where she provided them with clear and robust legal advice. Client B was arrested on the day of the incident, where Lauren represented her as the duty solicitor. Lauren was later privately instructed by client A, where she managed to arrange a voluntary interview after highlighting that an arrest would not be necessary.
Client A completely denied the complainant’s account of the events and asserted that he was not responsible for any of the allegations.
He stated that he had not been aware prior that the complainant was the mother of the children that his daughter had been having issues with. He had no intent to confront her at any stage. As a celebrity with a public following, he is conscious of maintaining a good reputation and actively avoids getting involved in incidents that could jeopardise his career.
Instead, client A claimed that the complainant had approached him first and started being aggressive, using derogatory language towards him. Client A didn’t want to get involved in any argument or fight so attempted to walk away but the complainant followed after him while continuing to shout abuse. She then proceeded to slap him hard in his face, leaving a big mark and spat at him.
Client A accepted that he had hit her phone to stop her recording as he was afraid that she would use the footage to damage his reputation and his career.
Our Defence
Senior Solicitor Kajel Doshi took on client B’s case. Where it was alleged that she had also physically attacked the complainant, the client B maintained that she had only involved herself as she had seen the complainant slapping client A and feared she would assault him again. She denied entirely any further assault on the complainant, similarly asserting that the complainant had been the primary aggressor.
In a strong letter of representations to the Prosecution, Lauren urged that the charges result in an out of court disposal. Video evidence from the complainant showed her pursuing client A down the street and shouting after him, where Lauren argued it could not be suggested that the complainant was in a state of fear. Lauren also highlighted that the complainant had suffered no physical injuries, whereas client A had received ABH level injuries to the face.
Both clients were understandably distressed by the allegations, concerned for their own reputations and the impact the court proceedings would have on their daughter. Stephen, Kajel and Lauren worked hard to support our clients and prepare a robust defence ahead of trial.
Managing Partner Stephen Halloran represented client A at his plea hearing, where he gave strong mitigation asserting that client A had not intended to cause the complainant harm or distress and rather that she had targeted him. Both our clients entered not guilty pleas to all charges against them.
Outcome
Thanks to the strength of the mitigation put forth and our team’s diligence in advocating for our clients, we were notified four days prior to trial that the Prosecution were discontinuing all charges against both clients.
Our clients were both extremely relieved by this outcome and very grateful to Lauren, Kajel and Steve for their outstanding support throughout the proceedings. Without our team’s diligence and advocacy in the lead up to the trial, it is likely that the case would have proceeded to trial and may have resulted in conviction.
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