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Zayd Ahmed secures acquittal after successful abuse of process argument in child abduction case.

24/01/2024

Zayd Ahmed was instructed to defend the defendant for trial who was charged with child abduction.

The case involved parallel proceedings in the Family Courts.

After numerous applications for disclosure under section 8 for documents from the Family Courts, the Crown obtained the documents and deemed the documents not to be disclosable.

The defence then obtained the documents directly from the Family Court which evidenced various inconsistences with the complainant’s account.

Zayd drafted an abuse of process argument on the basis that the Crown had acted in bad faith and by failing to pay proper attention to disclosure, they offended the court’s sense of justice and undermined public confidence.

On the day of the trial, the Crown conceded the argument made by Zayd and offered no evidence against the defendant.

A formal verdict of not guilty was then entered by the Court.

Zayd was instructed by Polpitiya & Co.

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