Indecent assault charge discontinued after submission presented; costs awarded

We recently acted for a client facing a serious charge of indecent assault. It was apparent that there were serious issues with the complainant’s credibility. Further, there were multiple potential defence witnesses who could discredit the complainant. James Jackson interviewed four separate defence witnesses and summonsed them to the trial. A further summons was issued to a government department to obtain crucial evidence in support of the defence case. Prior to trial, we presented a detailed submission to the prosecution requesting that they discontinue the charge on the grounds the complainant had invented the allegation. The prosecution agreed with the submission and discontinued the charge on the morning of trial. A substantial costs award was made. This case, in addition to being a great outcome, demonstrated the importance of thorough preparation and investigation prior to any criminal trial.

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