QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| SHELDON POMMELL
|- and -
|CROWN PROSECUTION SERVICE
The Respondent did not appear and was not represented
Hearing date: 29 July 2020
Judgment as delivered at the hearing
HTML VERSION OF JUDGMENT
Crown Copyright ©
MR JUSTICE FORDHAM:
The claimant seeks to have all charges against him dismissed on the following grounds:
1. Abuse of process. Law enforcement failed to investigate the claimant's version of events which was disclosed to them during his interview in the form of a prepared statement. In doing so they failed to obtain CCTV which is vital to the claimant's defence.
2. Lack of evidence. The Crown seeks to rely solely on CCTV and phone records which do not implicate guilt of the claimant, nor have the Crown taken into consideration the defence case that case statement of guilty parties in this case.
3. Breach of article 6 of the ECHR. Entitled to a fair and public hearing within a reasonable time, and withholding relevant material. That being co-defendants [two names are given]'s witness statements."
In his oral submissions to me today, Mr Pommell has emphasised and added particular points. He says the prosecution has refused to disclose evidence requested for the trial. He says information relating to an alleged security breach leading to a move of the trial from one location to another is not been disclosed to his legal team. He complains that the prosecution have changed their case and changed the charges to fit a theory, not put to him in interview, and not supported by evidence. He says that statements made in open court to block his application for bail were unsubstantiated and have subsequently been retracted. He says that the charges should be reconsidered.
"Habeas corpus is a remedy for unlawful detention. There is no evidence that the claimant's current detention on remand… is unlawful. Bail was refused by HH Judge Rayner at Woolwich Crown Court on 31 March 2020. There has been no further application for bail since then. The basis of the claimant's claim for habeas corpus is not that the refusal of bail was wrong and thus that detention was unlawful for that reason. Rather the basis is that all charges against him should be dismissed for abuse of process, lack of evidence and/or for delay in the trial process. Those are matters which are properly to be considered (if at all) by the Crown court itself, by way of an application to dismiss… or an application for a stay of proceedings for abuse of process…"
Those were the essence of Morris J's reasons.
29 July 2020