Andy Rootsey acted on behalf of P who was accused of assaulting a delivery driver causing GBH.
The case turned entirely on identification evidence, after P was identified by the complainant on an ID parade as being his assailant and causing him serious injury. Andy scrutinised the identification procedures and found that the identification evidence was unreliable and had been improperly obtained. It appeared that a serious breach of Code D of Pace 1984 had taken place and that an application should be made before the Trial Judge to exclude the identification evidence, pursuant to S78 Police and Criminal Evidence Act 1984. Following the submission of a S78 application to exclude the identification evidence, the Trial Judge invited the Prosecution to review the case against P. Following a further review the prosecution offered no evidence against our client. A Not Guilty verdict was therefore formally entered against our client, and he was acquitted.
Luna Spada of Mountford Chambers was instructed Counsel