8 defendants acquitted as prosecution case collapses at eleventh hour

Prosecuted by a silk and junior, Sean Summerfield and Laura Stockdale represented the second and third defendants, respectively.  Each defendant was charged with violent disorder following a street brawl in Birmingham in 2019 [reported here]. The trial was the second of two trials arising from the same incident.  Trial one had concluded with some convictions and some acquittals.

During trial two, the prosecution applied to adduce the convictions from trial one. The defence objected,  arguing that as the fact of a violent disorder was not disputed the convictions were not relevant, and that they were highly prejudicial.  The judge ruled the convictions inadmissible, and the trial proceeded without the jury being told of the convictions from trial one.

During their closing speech, the prosecution effectively told the jury about those convictions.  Defence counsel, led by Mr Summerfield, raised objection and applied in writing to discharge the jury, arguing that every defendant had been prejudiced by the prosecutor’s closing remarks.  The judge agreed that the prosecution had gone behind his ruling and that the defendants could no longer have a fair trial.  Exceptionally, the jury were discharged on day 9 of the trial, prior to defence speeches. 

Defence representations were made as to the public interest of a re-trial in a case that had collapsed due to the actions of the Crown, and the prosecution – having been placed on notice that abuse of process arguments may follow – offered no evidence in respect of all 8 defendants.  Prosecution applications for post-acquittal Restraining Orders were also refused.  

Laura was instructed by Jaspal Singh of HSR Solicitors.

Sean was instructed by Ahmer Satter of GQS Solicitors.