Our client who was one of the directors in 2 Care Homes in the East Ridings of Yorkshire was acquitted at Teesside Crown Court this month following the decision of the prosecution to offer no evidence.
Our client had faced these allegations for several years following the deaths of elderly patients. Front line staff had pleaded guilty to individual faults in the care of those residents but the CPS wanted to continue with a case against our client for systemic failings despite there being no actual evidence that they existed. In fact, the company continued to provide essential Care Services approved by the Care Quality Commission in the East Ridings and beyond having addressed the individual failings in these exceptional cases.
After we had considered relevant unused material regarding the primary witnesses, including the prosecution expert, we were able to highlight the lack of reliable admissible evidence and a serious potential conflict issues with the expert. The prosecution tried to get another adjournment but with a second trial listing abandoned and the investigation having taken over 8 years, the judge refused them any further time.
The client was recommended to Patricia Walker at our Leeds office and she referred the case to Greg Stewart in our London office who dealt with the matter assisted by Philip Mahoney who was the junior advocate led by Simon Kealey KC at New Park Court Chambers.
