Client found not guilty of two counts of rape after mid-trial change of legal team

Amy Cox

29 January 2025

Our client was found not guilty in relation to two counts of rape against his ex-wife after a trial at Snaresbrook Crown Court. The allegations dated from 2020.

In this case, Sonn Macmillan Walker accepted a legal aid transfer mid-trial as our client’s previous legal team had to withdraw from acting for professional reasons. This included previous trial counsel. Our firm felt compelled to assist so that the defendant was not left representing himself, which was a very real possibility. It was challenging to find experienced trial counsel who would be available for the remainder of the trial at such short notice.

Given that the complainant and defendant had both given live evidence prior to our involvement, we advanced strong arguments to discharge the jury and adjourn the trial to a later date. It would have also been the third defence barrister that the jury would have seen, which was argued to be highly prejudicial against the defendant. (The initial barrister who was due to represent the client fell ill after one day of trial). However, the application was refused by the Judge and the trial continued.  

A key issue in the trial was that our client made admissions in the witness box that he had lied in his prepared statement put forward during his police station interview, making a counter allegation, due to advice he received from a flatmate whom he believed was a police officer at the time. The prosecution made enquiries into the identity of this flatmate. The prosecution stated that the flatmate was not a police officer, nor did she know the defendant. The flatmate and another witness refused to give witness statements or come to Court, however, the prosecution sought to put forward their statements through the officer who spoke to them. Namely, they hoped to introduce their evidence through hearsay applications. This was successfully rebutted by defence counsel after strong legal arguments against allowing in the officer’s evidence. The flatmate and other witness’ comments were therefore not put before the jury.

Under unusual circumstances, the case was prepared quickly and expeditiously with the client at Court, and full instructions were taken with care so that counsel was adequately prepared to represent the client.

The case continued to present unexpected turns, and the defendant had to return to his home country to take care of his unwell mother before closing speeches. The trial continued with him appearing virtually, and the jury returned not guilty verdicts to both counts of rape.

Amy Cox was the solicitor with conduct of this case. Annie Loh, trainee solicitor, assisted the client at Court and with preparation of the case. Jeffrey Israel of 25 Bedford Row Chambers was the barrister instructed.

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