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Kiran Gibson secures successful outcome for her client

News9th December 2024

Kiran Gibson successfully secure the dismissal of a case for her client at Guildford Crown Court (sitting at Chichester Crown Court) following an application to dismiss.

 

 

The case involved the client, the only defendant on bail throughout the proceedings, who was a user of Class A and B drugs, charged alongside two co-defendants (brothers) with being concerned in the supply of controlled substances. The client was arrested after police, conducting arrest enquiries based on one brother’s phone, were led to an address where the second brother and the client were found. At the property, police recovered 11 mobile phones, drugs, and drug paraphernalia.

The prosecution case was that phone downloads indicated discussions between the client and one brother regarding the supply of drugs and related profits. However, the Crown failed to serve attribution evidence linking the phone to the client. While forensic testing of drug packages revealed the client’s DNA as a possible contributor, the analysis also identified at least five other DNA profiles from different individuals.

Despite numerous adjournments, delays from the Crown in responding to the defence skeleton argument, and the eventual hearing proceeding without a prosecutor, the judge allowed the application to dismiss. In doing so, he noted that the history of the application took “unacceptability to new levels” and concluded that the case was “weak and tenuous on any view.”

Ciara Maddocks of 25 Bedford Row was instructed.

Senior Associate Solicitor, Kiran Gibson is an experienced senior member of Blackfords LLP’s Criminal Defence Team representing and advising clients in the youth and magistrates court in all manner of hearings, including trials. Kiran also litigates a varied Crown Court caseload and is responsible for cases ranging from the minor offences, such as road traffic offences to the most serious, such as historical sexual offences.