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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70188
Experience:  Over 5 years in practice
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Can a court case go ahead without a full disclosure from the

Customer Question

can a court case go ahead without a full disclosure from the cps
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Can you explain your situation a little more?
Customer: replied 1 year ago.
my son was leaving our farm driving up our farm drive when he was about 50 metres from the rd he noticed a vehicle reversing in our drive he stopped and hooted but the vehicle reversed into our vehicle the only damage was a cracked no plate the woman got out and accused him of ramming her we have cctv footage showing his brakes on 7 wks later police phoned and asked him to go in and make a statement when he appeared in court to plead not guilty the magistrate gave the cps 14 days to produce the full disclosure we had been asking for it came to court without it being produced he was found guilty we appealed and the cps gave us tapes of 999 calls that would have proved his innocence
Expert:  Jo C. replied 1 year ago.
A CAD message wouldn't prove innocence. At the very highest point it would create inconsistency.
Expert:  Jo C. replied 1 year ago.
In terms of disclosure, they regularly fail to disclose evidence and trials go ahead. They only have to disclose anything upon which they rely.If you want additional evidence you have to produce a defence statement and then that triggers a statutory duty to disclose anything that undermines their case or assists yours.
Expert:  Jo C. replied 1 year ago.
I'm not sure what you were chasing here? Had you asked the Court to adjourn on the day it might have been allowed even though you hadn't used the strictly correct procedure. If the issue though was that you were asking a court to accept that she reversed into him rather than the other way around then probably it was just a dispute over fact.
Expert:  Jo C. replied 1 year ago.
Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Thank you for your time, we cannot believe that our son who is 46 years old, who has never had a parking ticket or speeding ticket or questioned by police and without even leaving our property has now got a criminal record, he has got a 5 year restraining order to keep away from the driver and her husband, and an assault charge for allegedly puffing his chest out at her husband, later in court he said my son hit him twice. My son had to pay the driver compensation for assault by ramming her car and swearing at her and for causing her to suffer broken heart syndrome due to the stress caused, no medical evidence was given, only their word that there was medical evidence. My son was ordered to do 180 hours unpaid work. We asked for a full discloser, the police didn't provide it, they said they viewed the CCTV footage showing that my son's break lights were on but didn't show it or comment on it, and my solicitor didn't question it, the couple lied in court, and my son was found guilty, you could hear two men raising their voices and swearing at my son, their son-in-law that was very abusive to our son, recorded on the 999 calls, he was not in court and not called as a witness and he left the scene before the police arrived. The tapes prove that the driver left the scene by driving her car in the next road and was joined by her son-in-law and they both walked back to the farm, then her husband drove here on his tractor, he intimidated my son and told his wife to call the police again. The first 999 call to the police the driver was on her own she cheerfully spoke to the police to come to the scene because she had been reversed into by my son, on the tape my son said he hadn't, and said that she had reversed into him, she was on private property and said would she please leave, she argued back and shouted it was him, this could be heard on the tape, the police officer told her it was not a police matter, but to take his details, but if he refused she was told go to the police station. On the second 999 call to the police the driver shouted to her husband to speak to the police, he told the police he hadn't been involved with the accident he said that he had been called there and told the police that he had been assaulted by my son, his son-in-law could clearly be heard shouting at my son and my son didn't raise his voice he told them they were on private property and to please leave. The husband couldn't give the police the registration number of his wife's car because it wasn't there. My son took several photos of th cars in our farm, she accused him of ramming her deliberately, the photos show that there was no damage to her car. The CCTV footage shows that my son was breaking. She was reversing into the farm and she didn't stop so he hooted but she kept going and the cars touched. They tried and succeeded to make something out of nothing, after returning to the scene. The police interviewed my son several weeks after the incident because a witness made a statement, the driver and her husband claimed they didn't know him, but the witness was the husband of a member of their own local action group that they had set up after their property development had been turned down.
Expert:  Jo C. replied 1 year ago.
If it was assault rather than careless driving then the issues are slightly different.How would disclosure have changed that?

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