Toby Manhire’s client acquitted on 6-count indictment after complainant admits lying on oath

Toby Manhire was instructed to represent D, whose indictment included two counts of intentional strangulation, one count of intentional suffocation, and threatening to cause criminal damage (including to burn down the complainant’s home).

The defence maintained that all allegations on the indictment were fabricated. Cross-examination had involved deployment of extracts from the Defendant’s phone download, consisting of circa 5,000 pages of messages (disclosed on day two of the trial). 

In the course of re-examination, the complainant gave evidence that the Defendant sent her a message threatening to shoot her. That message was admitted into evidence. However, this was provably untrue. An agreed fact was put before the jury that the exchange took place between the defendant and a 3rd party, not the complainant, and the complainant therefore never received that threat. 

The complainant was recalled. She was given the opportunity to correct her evidence. She maintained her evidence that she was threatened with being shot. In cross-examination, she admitted to deliberately lying to the jury and having made false statements whilst under oath. 

The Crown reviewed the case and offered no evidence on all counts on the indictment.

Toby was instructed by James Nicholls of Birds solicitors.