News

17Jun
2022

Criminal Law – Maidstone Crown Court

Counsel Jerry Sodipe recently got the crown to offer no evidence in a sexual assault case at Maidstone crown court in January 2022. The indictment was a 3 count charge for inappropriate touching, criminal damage and assault, the offences were allegedly committed in 2019. The case was an interesting one as it had to do with FTP (fitness to plead). At the conference Jerry had with the client, it became obvious that he was unfit to plead (the nature of the defendant’s fitness was due to a brain injury he suffered after having a deadly accident in 2016). The court then adjourned for reports, but the crown then did not prosecute diligently, leading to a dismissal application by the defence. That dismissal application led to the court ordering psychiatric reports and setting the case down for a fitness to plead hearing first and a trial of issues thereafter. Just about 24 hrs to trial, the crown said two of it’s witnesses were unwilling to attend court and that summonses would be applied for. ( something they ought to have done since June 2021 ). On the day of trial, despite the psychiatrists being present in court, the Recorder simply asked the crown if they were able to prove their case considering the notes filed by the defence. That necessitated the prosecutor seeking for time to seek further instructions. When he returned, he offered no evidence on all counts. (the defence notes simply contended that the forensic psychiatrist’s conclusions on the defendant ‘s were at variance with the body of his report).

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