Adrian Waterman QC’s client successfully appeals conviction following police disclosure failings
Adrian Waterman QC, instructed by David Bloom of Sonn Macmillan Walker, successfully conducted an appeal against the conviction of a young man charged with sexual assault. The allegation was made after momentary contact on a busy tube station escalator which an off-duty police officer interpreted as an assault. Had the young appellant had the benefit of representation at the Magistrates’ Court he could have elected Crown Court trial, but he unfortunately did not and was summarily convicted.
His family came to learn of the conviction, and were in a position to seek advice from Sonn Macmillan Walker who, with Adrian, immediately sought disclosure; the Crown initially refused. Adrian and David advised the appellant to serve a voluntary defence statement, which triggered disclosure showing the Crown had seized, viewed and then lost important CCTV footage. The Crown also applied to use a live link for the complainant’s evidence during the appeal (she is now resident overseas), but this was successfully resisted. The appeal was ultimately successful, thereby removing a conviction’s grave consequences for the appellant, not least registration on the Sex Offenders’ Register.