MP was serving a lengthy custodial sentence when charged with facilitating the entry of a mobile phone into Prison and assaulting a prison officer. These charges were hampering the Client’s request for a prison transfer to be closer to his terminally ill mother. After lengthy representations from one of our in house Barristers to the CPS, the charge of trying to get a mobile phone into prison was dropped after it was successfully argued that there was insufficiency evidence to support the charges. Despite similar representations in relation to the assault the Prosecution proceeded with the charges and a trial was fixed. On the day of trial no prison officers attended to give evidence and despite a strong application by the Prosecution for an adjournment to investigate why, Solicitor Clair McCarthy was able to persuade the Magistrates that to adjourn the case further was not in the interests of justice. With no evidence to offer the case was dismissed.
Thursday, December 8th, 2011