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Charlie’s client, a serving soldier in the British Army, was accused of seriously assaulting a fellow soldier within the barracks during the early hours of the morning. The disturbance was overheard by the complainant’s neighbour, a fellow soldier, who entered the complainant’s room and observed a hooded figure with a moustache leaving.
Police conducted an Identification parade in which both the complainant and witness positively identified Charlie’s client as the assailant. Through rigorous cross-examination, Charlie advanced the defence case that contamination of evidence led to a mistaken identification; both the complainant and witness had conducted their own investigations into the identity of the soldier arrested on base before attending the identification procedure.
The investigating officer was also cross-examined on the failure of the investigation to pursue all reasonable lines of enquiry including testing DNA swabs taken, investigating the sharing of the suspects details or the consideration of two previous instances where the complainant had misidentified the defendant during the investigation.
Charlie was instructed and assisted by Toby Brothers of Brothers Legal Solicitors.
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