Sexual Offence Successes
MTM secures acquittal in sexual offences case in Edinburgh High Court
A good defence team will challenge evidence at every turn. This nowhere more important than in cases involving sexual offences, where generally there are only two people present and no other witnesses. Establishing what really happened, and getting the jury to consider if the evidence against the accused really is incontrovertible, is of vital importance.
In a case involving two young people, the accused and the alleged victim, MTM persuaded the jury that the behaviour of the victim was inconsistent with her having been subjected to a serious physical trauma. The jury could not be certain beyond reasonable doubt, and they decided to acquit. In this case, the accused could have been convicted of an alternative charge of sex with an under-age person; in the end, the jury decided that they could not be certain that any offence had been committed. MTM's client's reputation was upheld and he avoided a term of 5 – 6 years imprisonment
Social media audit trail leads to acquittal in sexual assault case
A young man accused of a sexual assault, with intent to rape, on a schoolgirl was found not guilty by a unanimous verdict at Falkirk Sheriff Court. Each of the people in the case was a youngster and they knew each other socially. Facebook records were used to track the nature of the relationship between them, in a case which involved detailed analysis of social media communications.
MTM highlights previous false complaints in sexual assault case
Being accused of a serious sexual assault is devastating. It is the job of the defence team to ensure that allegations are properly sifted at all stages. In a jury case, MTM successfully investigated previous false complaints made by the complainer or alleged victim in the case. Careful cross-examination revealed the nature and extent of these previous false complaints or allegations. It all led to MTM's defence team being able to persuade the court that the alleged victim was not being truthful. Our client was acquitted of the charge.
MTM successfully challenges relevancy of charge
An MTM client, who was charged on a summary complaint with breaching the Sexual Offences Act 2003, has had the case against him thrown out. This very serious charge may well have resulted in a sentence of imprisonment.
A close examination of the charge against the client resulted in MTM identifying a legal flaw in the drafting of the charge on the complaint. MTM moved quickly to challenge the relevancy of the charge at a legal debate in the Sheriff Court. So effective was the challenge that the Sheriff was successfully persuaded that the complaint should be dismissed because of the drafting error in the charge. It is one thing to identify a legal error, and another to persuade in a debate – MTM was able to achieve both, and get the case thrown out on a legal technicality thanks to its attention to detail and powers of persuasion.
Reputation is all – and so is expertise
Two MTM clients have been cleared on the same day of two serious charges at Falkirk Sheriff Court.
In the first case, the client was charged with a serious sexual offence. If he had been convicted he would have almost certainly have faced imprisonment and his name entered on the Sex Offenders Register. The client had no history of sexual offending.
Such cases are a difficult area of the law and some of the most sensitive. The potential damage to reputation is almost incalculable – from personal relationships to work and social life. Skilful cross-examination of the complainer in the case by the MTM team led to the Procurator Fiscal deciding to abandon the prosecution.
In the second case, a client, who had been remanded in custody to await trial, was found not guilty of an alleged serious dishonesty offence under the Civic Government (Scotland) Act 1982. The client, who had no previous convictions for dishonesty, would have faced many months of imprisonment had they been convicted.
Each case illustrates the power of professional knowledge and the value of skilful advocacy. There is another point to all this too: MTM is on the side of its clients, often when no-one else is.
Sheriff Court acquittals
Acquittals so far this month in the Sheriff Court include charges of assault, domestic assault, breach of the peace, and sexual offences under the Criminal Law Act 1995.
MTM gets acquittal despite eye-witnesses' evidence
An MTM client has been acquitted of two very serious sexual offences at a Sheriff & Jury trial. This is the result of a thorough investigation of the prosecution evidence and extensive preparation of the defence case over a period of about a year, and then expert cross-examination and advocacy in court.
Had the client been convicted, the maximum sentence was five years imprisonment. The acquittal was despite the evidence of various eye-witnesses who gave evidence that he had committed the offences.
MTM investigates – and gets a result without going to court.
MTM has succeeded in persuading the Crown to discontinue a prosecution for Rape and Serious Assault at Glasgow High Court. MTM, assisted by a leading QC, conducted a detailed analysis of the prosecution evidence over many months. The significant inconsistencies uncovered in the alleged victim's statements, which were sent to the Crown, led to the Crown being persuaded to drop the prosecution.
MTM wins rape case in the High Court in Glasgow
MTM has successfully defended a client, who was accused of rape, in the High Court in Glasgow. It is another example of a difficult case where professional legal expertise is of paramount importance: rape is one of the most serious crimes that a person can be accused of, with huge implications for a person's reputation and future.