GT Stewart Solicitors represented a client who was arrested and interviewed by West Yorkshire Police in respect of an allegation of stalking his ex-partner by putting her in fear of violence contrary to s.4A and 5 of the Protection from Harassment Act 1997. It was alleged that the client rang the complaint on numerous occasions, emailed her and then followed her to a restaurant and shopping centre. The complainant did not provide the police with a statement in support of their prosecution. The client gave a full account in his police interview to deny making the calls, he had an alibi for one of the allegations and he denied putting her in fear of violence by his actions. Our client was charged with the offence of stalking and was denied bail at Leeds Magistrates’ Court. At a hearing the following week we were able to persuade the court to grant our client bail, despite the fact that he was on a Crown Court Suspended Sentence. The court also directed, following on from our submissions, the CPS to deal with the evidential issues in the case before the trial date.
The Crown failed to properly deal with the evidential issues in the case and on the morning of the trial sought to persuade the court to adjourn the case. We opposed the application on the basis that it would be unfair on our client, particularly as the Crown were responsible for their own failings in the case. The court agreed and a not guilty verdict was entered into the court record. Our client was free to continue with his life but did agree to a restraining order on the basis that he had no intention of contacting the complainant again.
Our client was represented by Asmah Khalid of our Leeds Crime Team.
