At the
end of the prosecution case when the defendant completely changed his instructions, counsel had been presented with an impossible situation.
Much of the prosecution case relied upon text messages exchanged between the alleged minor and Z.H. Joseph Neuberger had a forensic analysis done of the client's phone regarding the timing of each message and marshalled an argument about the overlap of messages and that Z.H. would not have seen the alleged message with the age.
The focus is on the defendant or offender, whatever doubts there may be about the
quality of the prosecution case or the abilities or motives of the complainant or prosecution witnesses.
The change came into effect on 25 June 2007 and requires the prosecutor to furnish the following information: (i) In all cases before the crown court, and in cases before the magistrates» court where the issues are complex or there is scope for misunderstanding, the prosecution must commit to writing the aggravating and mitigating factors that will form the
opening of the prosecution case as well any statutory limitations on sentencing.
«Review into the disclosure handling in the case of R v Mouncher»: Adviser to Her Majesty's Chief Inspector of the CPS, appointed by the DPP to investigate
conduct of the prosecution case in the collapsed trial of R v Mouncher (arising from the murder of Lynette White) amid allegations of police corruption.
Concerning the second
strand of the prosecution case, namely the finding of fibres on TPUs and at the mobile home, Weir J noted that there was no «significant challenge either to the findings or the conclusions arrived at by those scientists» (Dr Logan and Dr Griffin of FSNI) on the fibre evidence: «The dispute rather centred on whether the conclusions did or did not support the prosecution contention that the N Ireland TPUs were made by one person, the accused.»
The appeal judges, says Moore, agreed the jury had been misled into attaching undue weight to this evidence and, given that this was effectively the only evidence put forward as directly linking George to the scene and a key
part of the prosecution case, they ruled that the verdict was unsafe.