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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70211
Experience:  Over 5 years in practice
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If a prosecuting solicitor, acting for a local council,

Customer Question

If a prosecuting solicitor, acting for a local council, after stating their case against the defendants and submitting their evidence to the court on a date stipulated by the judge , later tells the court that they would like to submit more charges after this date against the defendants due to coming into possession of so called new evidence, which is in fact is old evidence that they had simply chosen not to use due to expense i.e. the solicitor has lied to the court, is this an offense?
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

No, that is not a lie.

At least, it may be a lie but that isn't the only possibility.

It might well just be a mistake.

Expert:  Jo C. replied 10 months ago.

Or it might be true to the extent of his knowledge at the time of the assertion.

Expert:  Jo C. replied 10 months ago.

They are perfectly entitled to bring fresh charges to better reflect the evidence anyway.

Sorry if that is bad news.

Can I clarify anything for you?

Jo

Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 10 months ago.
The council solicitor actually sent all the evidence to the expert himself, stating what was contained in the email, so there could really be no mistake
Expert:  Jo C. replied 10 months ago.

That doesn't mean he has read it.

I'm afraid this is just not only a lie. There are other explanations.

I can do a call later today. I'm back in Court at 2pm so can't really call now.

Expert:  Jo C. replied 10 months ago.

In any event, calling something that is, in fact, old new is not really something worthy of dishonesty. It doesn't make any difference whether it is new or old.

Customer: replied 10 months ago.
to say it is new when it isn't, surely is a lie?
Expert:  Jo C. replied 10 months ago.

Not necessarily. It could be just a misdescription

Customer: replied 10 months ago.
they were given a date by the court to respond to our expert witness report which clearly blew their case out of the water, and left them with nothing. They were given a date to reply to the report, which they failed to meet, then came up with the excuse of receiving late evidence, with the court then agreeing to an extension
Customer: replied 10 months ago.
they agreed to the extension because they were told that it was new evidence. We have now subsequently obtained an email from the councils solicitor to their own expert dating back to 4 May, two months before they had to submit all their evidence
Expert:  Jo C. replied 10 months ago.

Yes, this is not necessarily a lie.

This is the type of thing that over stretching prosecution authorities do all the time.

There is no point in lying. They are free to bring new charges.

Customer: replied 10 months ago.
I obviously don't agree :-)
Customer: replied 10 months ago.
Jo, are you still available to continue the conversation?