Once again, the Criminal Department at Wainwright & Cummins, has demonstrated its capability to dispense justice in difficult and emotionally charged criminal trials.
Our client, "DF", was acquitted of all offences of stalking and assault after facing allegations of harassment, intimidation, and physical violence for nearly two years. The allegations were of a serious nature and involved massive digital evidence from the prosecution; thus there was intense media attendance.
The Crown argued that our client had engaged in an abusive, sustained campaign, relying extensively on phone records, text messages and location data to picture persistent contact and surveillance of the complainant. Further, the prosecution had multimedia evidence, consisting of photographs, videos and audio recordings, alleged to show abusive interactions and injuries, which were stated to have been sustained by the complainant. Evidence was also adjoined by friends and family of the complainant, who painted the picture of "DF" as a controlling and coercive figure. Medical reports were adjoined in support of the claims of physical assault. In summary, the prosecution was trying to create a picture of continuous and deliberate abuse.
Our defence team carefully unpicked each strand of the prosecution's case. Expert testimonies revealed that many of the multimedia files put into evidence showed clear signs of manipulation, selective editing or contextual distortion casting serious doubt on their reliability. Medical evidence was put under thorough scrutiny with defence experts claiming that some of the injuries attributed to "DF" could have been self-inflicted or staged. Further, timings associated with the injuries and severity were plainly inconsistent with the narrative offered by the prosecution.
Furthermore, the defence pointed to possible motives for the complainant to fabricate allegations such as ongoing personal disputes, financial disputes, or other ulterior motives. The defence also carefully examined the digital evidence indicating that while there was some phone contact recorded, it had mostly been taken out of context, and in some cases indicated consensual or non-abusive communication.
During the trial, the credibility of both the digital and witness evidence came under very intense scrutiny. Digital forensic analysts were challenged on the integrity of the metadata. Meanwhile, defence counsel conducted extensive cross-examinations of the complainant and corroborating witnesses, exposing contradictions and inconsistencies in their evidence. These would then place the jury under scrutiny vis-à-vis whether the evidence did meet the stringent criminal standard of proof beyond reasonable doubt.
The jury subsequently spent three weeks considering the issues and determined finally that the prosecution case had not been sufficiently reliable to obtain a conviction, thus resulting in complete acquittal for our client. This shows that the jury either found evidence of manipulation within the digital files, or the credibility of the complainant's case was insufficiently weighty to meet the criminal burden of proof.
However, this judgement is not merely confined to that. Rather, it shows at a broader level the troubles in digital cases, particularly those of stalking and domestic abuse, very pertinently demonstrate authenticity and context.
The case serves a timely reminder about which forensic work up must be done in hot allegations and what may follow from uncorroborated statements or false accusations. Important lessons may be drawn for legal professionals and prosecutors alike in most such situations, whereby prove able and satisfactory evidence is mandatory to rely upon before engaging into criminal aspects against a person.
At Wainwright & Cummins, we are still focused on being the best defence on high-stake confidential cases. Our clients can be assured that justice will be served and their rights defended at all times by scrutinising every detail and attacking questionable evidence relentlessly.
If you are in need of top class criminal defence team contact us today
Email: info@wainwrightcummins.co.uk
Call: 0207 095 5700
Defending Your Rights, Protecting Your Future Wainwright & Cummins Solicitors LLP.
