Case dismissed ABH Birmingham Crown Court 2023
Our Client was charged with a domestic-related section 47, causing actual bodily harm ABH. The alleged victim was his wife. The allegation was one of a sustained assault witnessed by the complainant's parents and children.
The complainant was a Doctor by profession, and so on the face of it ought to have been a witness of truth and credibility. Our client himself was also a professional and the consequences of conviction was extremely grave, not only in terms of the sentence that could have been imposed but his professional reputation was on the line too. He also had an expectation of promotion at work, to the USA. A conviction would have been fatal in that regard.
Our client's instructions were that the complainant was a dishonest witness and amongst other things, had lied in her applications to the GMC. He also instructed his lawyers that the complainant may have told mistruths in parallel Family Court proceedings.
The defence sought disclosure of relevant material from the Family Court, (via an extremely detailed defence statement) however the Crown were unable to obtain the same and therefore could not discharge their obligation of disclosing material that may have assisted the defence.
A year after proceedings were instigated, the Crown offered no evidence against our client, and a verdict of not guilty was entered. Our client's positive good character was preserved and so to his prospects of promotion at work.