Crown offer no evidence on firearms case after defence file abuse of process application

Maryam Mir was instructed by Emma Rahman of HP Gower Solicitors to represent MA, who was charged with possessing firearms x2 and ammunition with intent to endanger life. 

The prosecution evidence hung on “DNA” evidence said to belong to the defendant found on a “takedown catch” of one of the two firearms. His DNA was further said to be on the outside of a bag containing ammunition. The prosecution asserted that cell site placed the defendant in the area where the firearms x2 and ammunition were found. 

Maryam challenged the continuity of exhibits relied on by the prosecution. She raised DNA transfer as an innocent explanation for the presence of the defendant’s DNA on the firearms. Maryam delved into the telephone material and was able to show the handset from which the cell site data was obtained was not attributable to MA. She submitted an abuse of process argument highlighting the unfairness of bringing a case on such tenuously constructed evidence. The CPS reviewed the case and offered no evidence against MA two weeks before the trial. 

Emma relentlessly and successfully pursued a bail package for the defendant meaning he was released from custody and able to get on with his life in the community until the case concluded with not guilty verdicts on all charges.