Chris Harper represented a young man at Lewes Crown Court accused of taking part in a street robbery, to which a co-defendant had already pleaded guilty.

On the morning of the trial, the prosecution brought to Chris’ attention evidence, in video interviews with the complainants, that had never previously been served, disclosed, nor referred to in any correspondence.

Over lunch, Chris prepared detailed written submissions highlighting a number of areas of the case which appeared not have been properly served nor disclosed. In light of the newly available evidence, Chris successfully argued that it was impossible for the Court to have confidence in the fairness of any trial. He invited the Court to find that the prosecution was unable to provide a meaningful assurance that all material which should have been disclosed to the defence had been disclosed. He emphasised some areas of the evidence that had only been discovered during the course of answering his enquiries about other areas.

The prosecution was stayed as an abuse of process.

Chris was instructed by Tahir Mahmood of ALS solicitors.