Expert advice in police station leads to Not Guilt verdict in assault case
A drunken night out turned sour when our client got into an argument with his drinking companions. They argued and it was claimed that out our client assaulted his friends with a nail studded cudgel and brick causing them Grievous Bodily Harm.
The next door neighbour called the police and said he had witnessed our client attacking one of the victims with a stick whilst on the ground.
Moss and Co represented the defendant at the police station Our client said he had acted in self-defence. It was clear that it would be unwise to answer questions in interview, given how drunk he had been and his poor recollection. The evidence was strong, including the independent witness. We advised the client to submit a prepared statement setting out how he had acted in self-defence.
The case was fully prepared for trial. At trial the two friends and the independent witness gave evidence. Our client’s evidence was exactly the same as in his prepared statement given at the police station. The jury found him “not guilty.”
This case underlines the importance of representation at the police station. The evidence was very strong. Our client had no defence witnesses only his version of events. The written statement needed to be carefully drafted to reduce the risk further evidence served in the course of proceedings undermining it’s contents but at the same time fully setting out his defence and version of events.