Abigail Penny Secures Across the Board Acquittals

Abigail Penny leading Toby Manhire (4BB Chambers) secured across the board not guilty verdicts at Guildford Crown Court following 5 days of legal argument. The case involved an armed robbery where 4 members of staff were restrained with cable ties, a separate armed cash-in-transit robbery and a commercial burglary.

The defendant faced allegations of being the gunman and the leader of a commercial armed robbery of a cash and carry in Worthing where 4 members of staff were held at gun-point and restrained with cable ties by two men wearing balaclavas. He was also accused of being the gunman in a cash-in-transit robbery in Farncombe and of participating in a commercial burglary.

Abigail had represented the defendant in his first trial of these allegations in March 2024. The trial was stopped by the Judge when it became clear that Prosecuting Counsel had become a witness to potential police misconduct. 

At the re-trial the defence argued that it would be an abuse of process to try the defendant. It was submitted that the defendant could not have a fair trial in light of the evidence of collusion and corruption that had emerged during the last trial, and that it would offend the court’s sense of justice and propriety to be asked to try the accused given what had occurred in the first trial.  

During the course of the defence’s Abuse of Process argument, the police referred a Detective Chief Inspector, who was the senior investigating officer, to the Professional Standards Department of Surrey Police for misconduct. 

The prosecution then sought to adjourn the defendant’s trial whilst this investigation took place. The trial judge refused the Crown’s application for an adjournment and the prosecution offered no evidence. The jury were directed to find the defendant not guilty in respect of 2 armed robberies and a commercial burglary.

Abigail Penny was instructed by James Nicholls of Birds Solicitors who is a highly experienced solicitor with 30 years’ experience of defending those accused of the most serious allegations.

Media coverage can be found here and here.