CPS not submitting all evidence

[lifesnotfair]

Hello there, I have a quick question for you. My b/f has been charged with rape when he was a doorman in a nightclub. To cut a long story short, the owners of the club downloaded the entire night's CCTV footage and gave it to the Police. However, b/f's Solicitor has only been given the footage which shows the alleged victim leaving the club 'in a distressed state'. Solicitor has written to the CPS asking that ALL CCTV footage is handed to him as we believe that this footage does not corroborate her and her witnesses' version of events. B/f met with Solicitor yesterday and he was told that he has now written to the Judge to the petition the CPS to hand it all over or 'face consequences'. Does anyone know what these consequences would be?

Thank you in advance.
x

[Boys don't cry]

Evidence

Lifesnotfair,I am not sure what the consequences would be (only that it could be positive for your boyfriend case)but I am certain that your barrister should be able to get the integrality of the cctv footage.
I remember writting to the police without fotocopying(mistake) and it took 3 months to my barrister to get them.
Good luck and keep us informed.

[Rights Fighter]

I would think that 'facing the consequences' would be that should this matter come a trial and a guilty verdict is brought in, this could be a good strong ground for appealing the conviction, depending on what the rest of the CCTV shows.

The Crown would be severely criticised for refusing to hand over full disclosure should the remainder of the CCTV prove innocence.

[lifesnotfair]

Thank you for that. I will definitely keep you informed.

Watch this space!
x

[Rights Fighter]

Some judges are absolute bar-stewards and will insist on getting their own way and I've known some to say 'well if I have done the wrong think no doubt the CA will correct it'. In the meantime the poor defendant is possibly convicted and sent to prison while he waits for his appeal to be heard - and of course it may fail as many do.

I am attending an appeal soon in a case where the judge was so heavily prejudiced - and it showed - things happened at trial that should not have done - all with his blessing and that of defence counsel - that it resulted in a completely unfair trial.

It should not be left to CA to correct these horrendous 'mistakes' or in some case deliberate attempts to get a conviction at all costs by the judge. However this happens time and time again.

[fighter]

lifesnotfair, this is good development! hopefully the cctv footage will be given on time and that this development has also made your partner and you feel better or at least got that fighting spirit back.

RF, that is so cruel if the judge has the attitude let the CA correct the mistake. So unfair, it is the life of a person here Crossing my fingers for that appeal!! Judges should also be held accountable for mistakes! grrr!

[Rights Fighter]

Judge's are rarely held accountable for their actions, If they were they might take more care with the way they handle the cases and work on their prejudices.