Jon Wilkins, Partner and Solicitor Advocate based in our Cardiff branch of solicitors, and Peter Rouch QC drafted and filed an Abuse of Process argument in respect of the prosecutions ‘lamentable’ disclosure failings in this case.
The case of Daryl Wallis was listed for Trial at Cardiff Magistrates Court, the client faced allegations of obstructing a police constable in the execution of his duty. The allegations were vehemently denied.
Despite repeated written requests for relevant disclosure, the CPS failed to disclose evidence. Further mistakes in the statutory duty of the CPS to disclose evidence were highlighted to the Court by the defence.
The Court refused a prosecution request to adjourn the case to rectify the disclosure failings. The case against the client was dismissed and a Defence Costs Order was made in the client’s favour.
Jon Wilkins and Peter Rouch QC were instructed to defend the case on a private basis.