Yeah, you might think this is a win, but look at it more closely:
At Gloucester crown court today the judge allowed an application by the three students for their defence costs – but not in full.
All three were represented by QCs as well as solicitors and the judge said that had not been necessary.
They should be paid only for junior barristers and for one solicitor between them – and they will receive only 75 percent of those costs, he said.
How can they argue necessity, when it’s entirely possible that it’s the QCs wot won it?
QCs command a high price because they are QCs, not juniors. Yes, they may well have been able to refute the case on the same basis, but would juniors have had the balls to go toe-to-toe with the CPS, the way QCs are used to doing?
Judge Tabor pointed out that defendants were entitled to costs if there had been ‘unnecessary or improper acts or omissions’ or ‘bad faith, or clear and stark error” by the police and/or prosecution.
Seems pretty cut and dried that’s the case.
And given the State has unlimited taxpayer cash to pursue Flavour Of The Month Crimes, I fail to see why they should take a 25% hit on their expenses.
And it’s odd that all those CiF pontificators who weep about the withdrawal of legal aid are strangely silent on this case, isn’t it?
Judge Tabor seems oddly blind to current legal hobbyhorses too:
“On 23rd Feb this year the prosecution were aware that the defence had material which potentially contradicted the complainant’s account either wholly or partly.
“The prosecution case had been torpedoed but the ship might still have made it in to port if that had been the only torpedo.
“But would the defendants ever have been charged if this material had been in the hands of the police? ”
When it’s not the propect of winning the case, or public concern, that determines charging, but instead the desire to further a SJW/identity poloitics agenda, then yes, I suspect they may well have been charged regardless.
I mean, good grief, the CPS head has just had to remind plod not to try to charge dead people!