Charles Hannaford Secures Stay for Abuse of Process in Multi-Handed Re-Trial

Charles Hannaford represented the second defendant in a successful application to stay proceedings for abuse of process, on both limbs, at re-trial.

All three defendants applied to stay the proceedings following allegations that previous prosecution counsel had coached the complainant on two prior occasions when the case was listed for trial.

The defence submitted that coaching a witness was serious misconduct such that it amounted to an abuse (R v Momodou [2005] EWCA Crim 177).

On behalf of the second defendant, submissions were made primarily under the second limb. It was argued that the conduct of witness coaching was so serious and exceptional “the court’s sense of justice and propriety is offended” and “public confidence in the criminal justice system would be undermined” such that the court had no choice but to stay proceedings (R v Ng and O’Reilly [2024] EWCA Crim 493).

In finding that previous prosecution counsel had engaged in witness coaching, the trial Judge ruled that no carefully curated direction to the Jury could restore the complainants contaminated account. In addition, public confidence in the administration of Justice had been undermined and the misconduct “crosses the line where the court should decline to countenance a trial.” The trial was therefore stayed on under both limbs of abuse of process.

Charles was instructed by Aseem Taj of Bark & Co.