In a series of three separate cases, counsel secured the acquittal of three separate defendants, ranging from sexual assault, indecent exposure, disgraceful conduct, downloading sexual images and battery.
In the first matter, Cpl A, was alleged by the Service Prosecuting Authority [“SPA”] to have sexually assaulted a female soldier in the presence of her colleagues, in which the SPA further averred, that Cpl A, was witnessed by a number of independent witnesses to have been committing a sexual assault. It was further alleged by the SPA that on a separate date, Cpl A, then intentionally exposed his genitalia, to the same victim and her colleague, so as to cause them alarm and/or distress. The prosecution further alleged, that on a third and final occasion, Cpl A, whilst on a stag patrol, proceeded to masturbate himself, in the same soldier’s presence, in which he was said to have been no more than 30 centimeters from her.
Following a four day trial at Colchester, Cpl A was unanimously acquitted of three, out of the four charges he faced, and so was able to keep his rank, in addition to seeking a judicial apportionment as to his costs.
In the second matter, L/Cpl P, faced one count of battery, in respect of a historic matter, pertaining to an incident in a married quarter, in which he is said to have assaulted a fellow JNCO in the presence of his wife. Following independent evidence presented to the SPA by the defence [in addition to written representations from defence counsel] the matter was formally reviewed and a verdict of not guilty recorded by the Judge Advocate General.
In the third and final case, SAC T, was also found not guilty of downloading indecent images of children. These images were found in an ‘unallocated’ area of his computer in which he was said to be the sole user. That matter was wholly disputed by the defence and following the service of our own computer experts’ forensic report and other material relied upon by the defence thus showing that SAC T was not culpable of what the SPA alleged, the SPA formally reviewed the matter, before subsequently offering no evidence.
Cases | 4 Oct 16