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At the Inner London Crown Court in the case of R v C, LPQC who was instructed on a privately funded basis by Rod Hayler of Old Bailey Solicitors, was successful in his submissions in persuading the Crown at trial to offer no evidence. After highlighting crucial inconsistencies in the disclosure process and in the disclosed material itself by way of an analysis of the served unused material, LPQC was able to make succinct representations to the Trial Judge who in turn asked the Crown to fully review their case. After a further review of the case and consultations with the CPS the Crown offered no evidence.
The case is particularly illustrative in just how important it is to serve a meaningful Defence Case Statement in a rape case where consent is the issue and accordingly how the disclosure process is triggered and utilised and scrutinised by the Defence.
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