Fantastic result at Court today. A colleague gave us their matter 2 days ago which was already a part heard hearing (already had one full day of hearing before) and they needed us to run the second day of hearing which would take all day. We didn’t have all of the evidence and only spoke to the client this morning for the first time. We had to watch and prepare our cross examination of the victim today in court as we were first up to cross examine the witness.
We cross examine the witness for a good hour or so then the prosecution asked for a short adjournment. Upon returning to Court the prosecution told us that as a result of out cross examination and the inconsistencies and evidence we got the witness to admit and agree to, they weren’t able to prove the offences. At this point we had not even called our client and the defence case had not opened/started.
We made an application to the Court to make a Pradad Direction which means that our client should be acquitted because there was not enough evidence to prove the offences.
The Court said that these directions should only happen very sparingly and when the evidence is so insufficiently cogent that the evidence cannot prove the basic elements of the offence.
The Court found that this was one of those cases and dismissed all charges against our client and NO AVO was made and was dismissed.
We are extremely satisfied with this outcome given we were given this matter last minute, did not have all of the evidn ce, got instructions today and only cross examined one person (the child victim) and didn’t have to run our case.
Extremely satisfying and amazing outcome at Court today!