Justin McClintock has secured the unanimous acquittal of an 18 year-old defendant accused of throwing boiling hot water in the face and chest of a fellow inmate at HMYOI Feltham. As a result of the attack the complainant sustained partial thickness skin loss and ‘hyper-pigmentation’ of the skin.
The prosecution relied on evidence from a prison officer who was supervising the area where the attack took place and gave evidence that he was sure that the defendant had carried out the attack. This evidence was vigorously challenged on behalf of the defendant, who maintained that he had been incorrectly indentified. At the close of the case the jury deliberated for less than 20 minutes before finding the defendant not guilty of all charges.
Preparation for trial was beset by disclosure problems and it was ultimately necessary to make both s.8 and third-party disclosure applications.