Prosecution forced to offer no evidence after legal argument

Marie de Redman successfully persuaded the court in Stoke on Trent to exclude the evidence of a deceased complainant who had accused her client of raping her during a taxi journey.

The Crown relied upon the hearsay exception under s.116(1) of the Criminal Justice Act 2003 which expressly permits hearsay evidence from deceased witnesses.  However, Ms de Redman argued that in the circumstances of this particular case, due to questions regarding the credibility of the account given by the complainant, it would be unfair to allow the prosecution to adduce her evidence.

After the Judge’s ruling that the admission of the evidence would have such an adverse effect upon the fairness of the proceedings that the court ought not to admit it, the Prosecution could no longer proceed with the case and offered no evidence.  Ms de Redman’s client, a man of good character, was therefore found not guilty.