Summary
Officers were called to the scene after our client’s car was involved in a road traffic accident with a lorry. Although he was uninjured, our client’s then-partner was in the passenger seat and had sustained multiple injuries. The Police’s investigation into our client was initially in relation to driving under the influence however, no further action (NFA) was taken on this matter. A new investigation was later opened in relation to injury by careless or inconsiderate driving.
Our client was represented by Partner Andy Hobdell on a privately funded basis, who drew attention the failings of the Police throughout the investigation. Ultimately, following numerous issues and disruptions, the Prosecution offered no evidence at trial and the charge against our client was dropped.
Details of the Incident
The collision was captured on dashcam footage from the lorry, where our client’s car could be seen exiting the roundabout and veering onto the wrong side of the road. The lorry swerved to avoid a head-on collision, however the damage to our client’s vehicle was extensive. In addition, his then-partner suffered from three broken ribs, a laceration to the kidney and internal bleeding. Our client asserted that the collision was the result of a mechanical failing in his car, which had caused him to lose control of the vehicle.
Due to statutory limitations on Police investigations, the Police were required to make a charging decision in relation to our client within six months of the incident. However, our client’s Police interview was delayed up until the day prior to the limit and therefore, the matter of driving under the influence was NFA’d.
As our client’s ex had suffered numerous injuries due to the collision, a new investigation was opened relating to injury caused by careless or inconsiderate driving.
Problems with the Police Investigation
Following the collision, Police had not deemed it necessary to forensically examine the vehicle in relation to the initial investigation. But as the circumstances of the case changed, the vehicle needed examination due to our client’s assertion that his car had suffered from a mechanical fault.
However, due to extensive delays, our client’s vehicle had been destroyed. In addition, the collision report regarding our client’s incident had also been lost. The absence of this evidence posed a major disadvantage to our client and prevented him from receiving a fair trial. Despite this, the Prosecution argued that there was no merit to stay the case as an abuse of process and they decided to continue with proceedings.
Our Defence: Abuse of Process
Although the Prosecution had discredited the validity of an abuse of process argument, Andy continued to argue that bringing the case to trial was unjust due to the destruction of various evidence.
If our client were to be found guilty of an offence of this nature, the starting point would be a sentence of 26 weeks’ custody, ranging from a high-level community order to up to 1 years’ custody. This conviction would have had a significant impact on our client’s future and his career.
Ahead of the trial, Andy prepared a detailed abuse of process argument where he stated that the destruction of this integral evidence rendered our client unable to have a fair trial. The Police’s failure to retain this decisive evidence, Andy argued, was a serious fault and merited the discontinuation of proceedings.
Court
The case was heard at St Albans Magistrates Court, where Barrister Jordan Santos-Sindes of 9BR Chambers represented our client. At court, further issues with the Prosecution’s case were revealed, as the complainant was not present and the Prosecutor had only just been assigned to the case. However, due to the extent this case had already been delayed, the District Judge asserted that the case would not be further adjourned.
After the Prosecutor confirmed that he would not be able to get the complainant in court and considering the difficulties in the Prosecution’s case, he agreed to offer no evidence against our client. This meant that the charge against him was dropped.
Our client was very pleased with this outcome and to finally have a conclusion to his case after years of delays. He was grateful to Andy and the rest of the team for their dedication and guidance throughout this time.
Client Testimonial
Lawtons is extremely organised.
Lawtons is an extremely respectful, well organised and technical firm. They leave no stone unturned in preparation ensuring you have the best fighting chance. Worked with them a couple of times before and would recommend to anyone who is in a spot of trouble to help out.
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