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Client acquitted in Operation Treasure trial

21/02/2024

Rebecca acted for the second defendant, who was charged with aggravated burglary, wounding with intent, possession of a firearm with intent to cause fear of violence, possession of class A drugs with intent, and other associated offences. At the conclusion of the Prosecution case a submission was made that there was no evidence to support the allegations, pursuant to limb 1 of Galbraith. The Judge agreed with the submission and directed the jury to acquit on all 8 counts.

The allegations involved a high profile rapper and his associates who had made claims that their home had been broken in to by a masked gang who wielded guns and a machete. It was alleged that someone inside the house was stabbed and that items of high value had been stolen after the house was ransacked. The case also relied upon the analysis of cell site evidence, CCTV footage, and the content of a mobile phone download. A number of legal arguments mounted during the trial led to evidence being excluded.

The trial had originally been listed in February 2023 but due to failures by the Prosecution to serve their case on time the trial was adjourned and an argument opposing the extension of custody time limits led to the defendant being released from prison. The trial failed to go ahead for the second time in July 2023 when the 1st defendant was not represented. After a 2 day legal argument the Judge agreed that it would not be fair to sever the lead defendant from the trial.

Rebecca was instructed by Tim Stirmey, Cramp and Mullaney.

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