Not guilty of drink driving and awarded costs!
Sorry, I am on holiday!
We all like our holidays. But when a case is set for trial the CPS should check
the availability of the police officers involved in the case. The last thing the
CPS want is the police officer failing to attend court to give evidence.
I recently had a serious drink driving case. I was sure that the police and CPS
would do everything possible to obtain a conviction. Numerous police officers were
involved and, in total, fourteen witnesses gave statements against my client.
Despite the large number of people giving statements, one police officer in
particular was key to the CPS case. This officer was responsible for obtaining
samples from my client and completing the required documentation. I had a concern
that he had not complied with the correct procedure and I requested his attendance
at court in order that I would then be able to cross-examine him.
Without this key witness the CPS case would collapse.
On the day of trial we were informed that the police officer had gone on holiday.
Whether he had cleared off on holiday so as to avoid giving evidence, I don’t
know. Perhaps he wasn’t even on holiday but just avoiding court. The CPS offered
‘no evidence’ and my client was found not guilty. We were also awarded costs.
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