JS initially faced allegations of murder and aggravated burglary, but Mat Hardyman successfully applied to dismiss the murder allegation, highlighting an inherent weakness in the Crown’s pathologist’s findings.
The murder allegation was subsequently reinstated following a voluntary bill of indictment before the Crown ultimately offered no evidence (following further defence pathology reports) on the first day of trial.
Following receipt of a psychological report (prepared on the advice of Martin Rutherford QC) it was established that JS had, amongst other conditions, Asperger’s Syndrome. The decision was taken that JS would not be able to give evidence.
Martin Rutherford QC had to run the defence case (no knowledge of aggravated burglary) based on the comprehensive prepared statement at the police station (Rob Perkins representing) and surrounding character evidence to highlight the vulnerability of JS, albeit against the weight of compelling phone evidence.
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