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JUDGEMENT RESERVED IN GP CASE
LJ SMITH , BUTTERFILED J & UNDERHILL J reserved judgement in the case as DR S at the conclusion of the full appeal on 14th March 2006 .
The Court hearing Counsel for the Appellant Mark Barlow and from Counsel for the Crown Ms Halsall indicated that they had reached views in respect of Grounds 1 and 2 ( Absence of the contamination direction and Recent complaint ) but in such a serious case needed more time to reflect on ground 3 ( Failure to give an adverse inference direction )
In a tough hearing when both sides of the argument came under challenge, the crown conceded that it may have been better if a contamination direction had been given. Further it was accepted that the case did warrant an adverse inference direction as issues placed before the jury did impact upon the appellantÂ’s credibility.
It will therefore be very interesting to see how the Court of Appeal resolves these issues when it gives its reserved judgement over the next few weeks
More news on this story soon
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