Chris Harper represented a defendant accused of sexual assault. The defendant had asked the police to preserve CCTV at an early stage, even before a complaint had been made, and reiterated that request in interview. The police confirmed that they would retrieve the CCTV, but subsequently made no efforts to do so. The Defendant said it would show that the complainant’s account was inaccurate, and would undermine her credibility such that he could not be found guilty.

Throughout proceedings Chris pursued disclosure of the efforts the police had made with regard to the CCTV, but only received a substantive response at the trial. Based on that, Chris produced written legal argument arguing that the defendant could not have a fair trial. He submitted that there was no way in which the jury could be directed to remedy the unfairness. He argued that any direction would be an invitation to the jury to speculate as to what the video evidence would show, so could not lawfully be given. The Crown Court Judge agreed with Chris’s submissions and ruled that there was, exceptionally, an abuse of the process of the court in prosecuting the case

The prosecution appealed and Chris appeared in the Court of Appeal, in front before the Lady Chief Justice of England and Wales, Garnham J and Soole J. The Court ruled in Chris’s favour and accepted his submission that the trial process could not remedy the unfairness arising from the actions of the police.

The defendant was, therefore, formally found not guilty.