Saturday, October 17, 2009

Prosecutors forced to drop criminal prosecution due to time spent on photocopying

The criminal case against five men accused of starting a bar brawl had to be dropped at Walsall Magistrates Court because the Crown Prosecution Service spent too long photocopying. Six months after the charges were brought, the CPS had not completed the necessary paperwork because, it said, the person with photocopying responsibilities had been off work.

Magistrate Sue Arnold said the CPS' excuse that the person responsible was having an operation was "not acceptable". The court declined an application to adjourn the case for a week, deciding instead to discharge the five men from the West Midlands yesterday. The case has cost up to £2,000 in legal fees alone, excluding police and court time.

Paul Bridges, aged 38, of Palfrey, Samuel Cadman, 23, of Walsall, Nathan Hathaway, 18, of Willenhall, Matthew Lovatt, 26, of Walsall, and Jack Pilbeam, 21, also of Walsall, were charged with affray in connection with a fight which took place in a Walsall bar.

The men have been bailed five times since the alleged offence on April 24, and the CPS was preparing papers to commit them to be trialled at Wolverhampton Crown Court.

Mrs Shalaha Hannan, prosecuting, told the court that papers for all the defendants had been prepared to serve to the three defence lawyers, but photocopies of the papers for Bridges had not yet been made in order to serve them, despite the fact that they were due on October 1.

Mr Brij Chaudhry, for Cadman and Lovatt, said the CPS could charge the men again once it "gets its act together".

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