PRESS RELEASE
NEW EVIDENCE UNCOVERED BY CRIMINAL CASES REVIEW COMMISSION (CCRC) LEADS TO A DIRECTED ACQUITTAL & QUASHING OF CONVICTION FROM MAGISTRATES COURT ON APPEAL
ISSUED BY HARTE COYLE COLLINS, SOLICITORS & ADVOCATES
5th SEPTEMBER 2025
New evidence uncovered during an application to the Criminal Cases Review Commission (CCRC) in Birmingham resulted in a directed acquittal before County Court Judge Philip Gilpin J in Antrim County Court yesterday 4th September 2025.
In 2017 our client was convicted of two counts of misuse of a telecommunications device at Ballymena Magistrates Court after a contested court hearing. Our client gave evidence in his own defence and called eyewitness evidence. The prosecution against our client in 2017 was based solely the evidence of the alleged complainant. The District Judge in Ballymena Magistrates Court imposed two monetary fines on conviction.
Our client subsequently approached us in 2022 having remained very troubled by the two wrongful convictions and the adverse impact on all aspects of his life despite the passage of 5 years. We prepared and lodged an application for a miscarriage of justice review to the CCRC in January 2024. The CCRC collated all relevant materials including the Police Service of Northern Ireland (PSNI), the Public Prosecution Service (PPS), Magistrates Court, and the original defence solicitor files for review.
In April 2025, the CCRC unearthed and provided critical documentary evidence which had been withheld by investigating police from the prosecution, defence, and the court before the contested court hearing in 2017.
The newly discovered evidence was a police record which showed that the alleged complainant had made a false allegation against our client prior to trial that our client had breached bail conditions. The allegation was checked by police at the time and found to be untrue. No action was taken against the alleged complainant for providing this false information to the police. Investigating police in our client’s case had sight of this false allegation prior to the contested court hearing but failed to disclose the evidence to the PPS, the Court, and the Defence. In what was described by the District Judge in 2017 as a credibility case between the alleged complainant and our client, this was evidence which, had it been disclosed by police in advance of the contested hearing, may have halted the prosecution or at the very least assisted the defence and the court’s credibility assessment.
We applied to the County Court for an extension of time to appeal based on this new evidence over 8 years after the original court hearing. In May 2025, the County Court judge granted the extension of time to appeal given the unique circumstances of the case. We prepared and lodged disclosure requests for information required to prepare an Abuse of Process application to stay the proceedings against our client. No explanation for the failure to disclose this evidence in 2017 was received from the PSNI nor for the breaches of the 1996 Code of Practice governing the investigative and disclosure duties of the police. The original prosecutor in the PPS provided a sworn affidavit to the County Court Judge confirming that the police had failed to provide this evidence to the prosecution, the defence, and the court.
At Antrim County Court yesterday 4th September 2025 the Public Prosecution Service confirmed that they were not offering any evidence against our client in this case and the County Court Judge His Honour Gilpin J directed that our client be acquitted of the two offences, that the fine funds be repaid to him and confirmed that the convictions were quashed.
Patricia Coyle, solicitor, said today.
“We commend our client on his tenacity and determination to rid himself of these wrongful convictions which have seriously impacted his personal life and professional career for the past 8 years. This case demonstrates that, regardless of the nature of the conviction or the penalty imposed, whether the most serious conviction or a lesser conviction, at the end of the day a wrongful conviction is a wrongful conviction. There are invisible consequences which flow from it, not least the stigma and personal trauma for those living with a wrongful conviction. To be convicted of an act that you know you did not commit is a personal burden.
The credibility of the criminal justice system relies upon the police and the prosecution acting honestly and transparently as set out in the police Codes of Practice and the Attorney General Guidelines. The common law duty of disclosure and continuing disclosure in all prosecutions, whether in the Magistrates or Crown court, is essential to a fair trial. Non-disclosure of evidence prior to or at the time of trial remains a significant issue within the criminal justice system. Judges and juries cannot accurately assess the evidence without the full picture.
The police failure to disclose important evidence in this case which undermined the credibility of the alleged complainant led to a difficult 8 years for my client. Our client intends to now lodge a complaint with the Police Ombudsman for Northern Ireland and consider his civil law remedies. Our client thanks the Criminal Cases Review Commission for their work and assistance in this case.”
Our client was represented by Patricia Coyle, solicitor of Harte Coyle Collins, Solicitors & Advocates, and barrister Gerard McGettigan BL in the application to the Criminal Cases Review Commission and the successful Appeal.
Contact
Patricia Coyle
Solicitor
Harte Coyle Collins
Solicitors & Advocates
02890-278227
e mail info@harteccoylecollins.com
