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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Was it fair and lawful that a judge allowed a co defendant

Customer Question

Was it fair and lawful that a judge allowed a co defendant to run a cut throat defence by instructing his legal team by email whilst he had absconded to an unknown destination and should the court of appeal be allowed to apply the pembleton test looking at new evidence which was knowing witheld by the prosecution at trial which allowed them to fausely accuse me and discredit me in the eyes of the jury R v Pomfrett
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Is there any reason you think it may not be?

How could the judge prevent it ?
Customer: replied 2 years ago.

Hi,


my defence team argued that it should not be allowed and that it was unfair because my co-defendant could not be cross examined and his defence team was allowed to point blame on me, the judge also allowed that his defence could continue and be funded by the legal aid system despite the fact that he had absconded. the judge had every right not to allow his instructions by email and should have run the trial in his absence , my code fence defence team joined the prosecution in putting the blame on me causing unfairness at my trial

Expert:  Jo C. replied 2 years ago.
Ok.

I think they were probably arguing that there should be severance.

But what power does the judge have to stop them running any defence they choose? Nobody can make a defendant plead.
Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Jo C. replied 2 years ago.
The reason I haven't answered is that you haven't responded to my information request yet?

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