FURNIVAL QUARTET SECURE OUTSTANDING ACQUITTAL IN “BATTLE OF THE EXPERTS” TRIAL

The Furnival quartet of Philippa McAtasney KC, Lewis Power KC and juniors John Briant and Ronan McCann have secured an acquittal on the two serious charges on the Indictment in this highly unusual case after a 7-week trial at the Luton Crown Court before Her Honour Judge Allison Hunter KC.

This was a most complex and highly unusual case, dubbed “Operation Nautical”. The case initially started off as an attempted murder but was later indicted as a S18 GBH assault with Intent/S20 Unlawful wounding in the alternative. The nucleus of the case involved complex issues as to causation. The serious catastrophic injury of a 47 year old woman, followed an assault, after which she developed bilateral pneumonia, progressed to sepsis, suffering multi-organ failure, and ultimately required amputation of all four limbs.

The principal causative question was whether the chain of medical events leading to the catastrophic outcome was directly, or at least materially, attributable to the single rib fracture and pain secondary to the assault, versus explanation by other risk factors (“pre-existing vulnerability factors”), co-mobilities or other independent events. Indeed, it was only through an extensive trawl by counsel through the complainant’s medical records coupled with evidence from witnesses as to the victim’s chaotic lifestyle that a picture emerged as to medical complications that had not been factored into the equation as to whether causation was as straightforward as had first been thought. The complexity of this case can be illustrated by the fact that there was a substantial difference of opinion between the prosecution and defence experts as to the cause of the pneumonia leading to sepsis with the various experts quoting extensive medico-legal literature and case studies as to whether this could be maintained by the facts of the assault as opposed to external factors. Further, there was also split opinion as to an alleged kick to the trunk of the victim’s body as to cause dermal bruising or chest wall bruising and the concept of “third spacing”.

This case was also not the usual normal grievous bodily harm S18 case often seen before the courts but was one which taxed the minds of the leading medical experts in the UK as to the issues of causation. A myriad of the country’s top and leading medical experts across a number of specialisms were involved in the case. The defence were expertly assisted particularly by Dr Mohammed Al-Aloul and Professor Charles Deakin [recently appointed Lieutenant of the Royal Victorian Order by the King for his dedicated service]. The issue of causation was not at all straightforward. The Crown experts favoured that the cause was most likely to be due to the single rib fracture. The defence experts disagreed. At the trial there was a final joint agreement between the prosecution and defence experts that “the pneumonia leading to the catastrophic injuries could not be ruled out as occurring spontaneously”, absent the trauma alleged to be caused by the two defendants. The defence expert, Dr Mohammed Al-Aloul, gave a fascinating account using the global medical literature and studies in this niche area as to the issue of causation in single rib facture cases. Thus, so was it that the eminent experts instructed in this case were fiercely split as to causation and in cross-examination each vigorously guarded their respective positions in evidence.

All Counsel were instructed by David Baffoe of Amosu Robinshaw Solicitors.