We represented a client facing a serious firearms allegation carrying a substantial custodial sentence, leading to a not guilty verdict.
The Case
Our client, YC, was charged with possession of a prohibited firearm, namely a 1930s Belgian revolver. If convicted, he faced a sentence of between 5 and 10 years’ imprisonment. The Crown’s case relied almost entirely on DNA evidence. Samples taken from various areas of the firearm produced a match to YC, with a reported probability of 1 in a billion. The Crown’s position was that such evidence made it inconceivable that YC had not physically handled the firearm, and therefore, that he must have been in possession of it.
Our Approach
We carefully examined the forensic evidence and identified significant issues with the prosecution’s assumptions. We instructed Kerri Allen, Forensic Scientist at Keith Borer Consultants, to provide expert evidence allowing us to explore alternative mechanisms of DNA transfer, including secondary transfer. This challenged the suggestion that the presence of DNA alone could establish handling or possession. We ensured that the scientific evidence was properly scrutinised and presented in a way that highlighted its limitations.
Legal Submissions
At the close of the prosecution case, we made a detailed submission of no case to answer. This required the court to consider recent Court of Appeal authority on:
- the evidential weight of DNA,
- the risks associated with transfer evidence, and
- the legal definition of possession.
The submissions involved careful legal and evidential analysis in what is a complex and developing area of law.
The Result
After full argument, the Judge, albeit with some hesitation, accepted our submissions. The case against YC was stopped before it could be considered by the jury, who were formally directed to return a not guilty verdict. The Crown considered whether to appeal the ruling but ultimately decided not to proceed, reflecting the weaknesses in the case that had been identified.
Our client was represented by Supervising Solicitor, Jessica Gosling, and Partner and In-House Barrister, Ronnie Manek. They were supported by Caseworker, Rifaat Al-Nimer and Pupil Barrister, Gabriella Friend.
This case demonstrates the importance of early, thorough case preparation and the effective use of expert evidence. At GT Stewart, we have extensive experience in defending serious and complex cases, including those involving forensic and DNA evidence. We are committed to ensuring that every case is rigorously tested. If you or someone you know is facing serious criminal allegations, our team is here to help.
