
Jane Brady and Tom Cowan, instructed by Blackwells Solicitors, represented two brothers charged with offences of kidnapping, threats with a knife in a private place, threats to kill, assault occasioning actual bodily harm and witness intimidation.
The Crown’s case was the older brother (represented by Jane Brady), threatened the complainant (the defendants’ uncle) at knife point, dragged him into a vehicle (caught on CCTV), and made threats to kill. The uncle alleged he was so petrified that he jumped out the window of a moving car (also caught clearly on CCTV). The police charged the older brother and produced him at Bradford Magistrates’ court for his first appearance.
The Crown alleged during this hearing that the younger brother (represented by Tom Cowan), attended the hearing in support of his brother, but left to confront the complainant at his home and made threats against him.
The trial at Bradford Crown Court started earlier this month and took two weeks to conclude. Throughout the 2-week trial, Jane and Tom faced several obstacles including delays, technical issues, and the need for the Crown’s witnesses to have their evidence given through an interpreter. However, the main issue, was disclosure. It was identified early on, that the complainant and another witness of the Crown gave several accounts to the police; this had been captured on body worn video, a 999 call, and within their witness statements. Working tirelessly, Jane and Tom arranged for translations and transcripts of communications between the witnesses and the police to be prepared, including translations where witnesses were conferring with one another in another language.
Inconsistencies in the witnesses’ evidence were identified and put to them during several days of cross-examination, together with highlighting deficiencies in the investigation regarding CCTV material. The jury, acquitted both the defendants of all charges.
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