The recent case of R v E  EWCA Crim 2426 is well known to criminal practitioners up and down the country. In that case, giving the judgment of the Court of Appeal, Sir Brian Leveson P handed down guidance in relation to the controversial issue of police investigation into mobile telephone and social media evidence relating to complainants in sexual assault cases.
The appeal arose from a successful abuse of process argument made by Paul before the trial judge. Disagreeing with that judge, the Court of Appeal held that E’s case should be determined by a jury. R v E is now widely regarded as the starting point for the consideration of any argument relating to an alleged failure by the police to seize or investigate a complainant’s mobile telephone or social media usage and it has substantially narrowed the jurisdiction of abuse of process in such circumstances.
The jury trial ordered by the Court of Appeal took place during the week of 2nd September 2019. Paul and Nick, instructed by Waj Khalil of Kamrans Solicitors, represented E. The Crown was represented by distinguished Queen’s Counsel. The trial concluded on 6th September 2019 with unanimous verdicts from the jury, returned in less than an hour and a half, acquitting E of Counts 2 and 3 on the Indictment. Count 1, which was the most serious allegation against E, had by then been withdrawn from the jury following Paul’s cross-examination of the complainant. Following the jury’s verdict, the prosecution offered no evidence in relation to Count 1 and E was acquitted of that also.
A copy of the Court of Appeal judgment in E, which sets out the allegations against Paul and Nick’s client, may be found here.