Alex Matthews’ client faced an indictment concerning sexual offences.
Police had conducted an ABE interview in relation to the allegations, but crucially, had failed to comply with any relevant guidance when doing so. The questions within the interview led the witness, and the interviewer ‘refused to take no for an answer’, asking the same question 5 times until she got the answer she sought. The prosecution also placed reliance on a diary which the complainant would not, in spite of repeated questioning, accept she knew anything about.
Alex mounted an application to dismiss charges on the indictment and also applied to exclude the complainant’s ABE interview. Within that application she highlighted fundamental disclosure failings on the part of the prosecution which compounded the led questioning in the interview.
The judge dismissed two of four counts and went on to exclude the ABE interview stating “ this was a deeply inappropriate interview where the majority of all questions, and certainly the ones that brought about evidence against the defendant, come from a narrative led by the officer, rather than free recall.” He noted the disclosure failings meant there was no way to test the evidence adding “this is not an independent clear volunteered account … [the witness] was pushed, cajoled and led into giving this evidence against the defendant.”
Alex was instructed by Shah Mashud of HSR Solicitors.
Alex prosecutes and defends across all criminal work.
