Chris Whitehouse successfully applies to stay a prosecution mid-trial as an abuse of process
Christopher Whitehouse successfully argued that fresh disclosure mid-way through a rape trial meant that the defendant could not receive a fair trial. The material demonstrated to the judge’s satisfaction that the complainant had received coaching on how to answer likely defence questions in the core aspects of the case. Chris cited the authority of R v Momodou [2005] EWCA Crim 177, in arguing that this broke the prohibition on the coaching of witnesses and that no measures in the trial process (including cross-examination) could cure the unfairness.
The case is being appealed to the Court of Appeal by the CPS under the terminatory ruling jurisdiction.
Instructed privately by Ian McLarty of McLarty and co Walthamstow.
