Stuart Miller Solicitors helps clear OAP over historical assault

Solicitors representing Mr K – who was charged with a number of sex assaults dating back to the 1970s – argued his deteriorating memory made it unfair to proceed with a retrial.

Criminal defence lawyers at Stuart Miller Solicitors secured the acquittal through “diligence and determination” after an initial trial collapsed.

Prosecutors agreed to drop the case after Mr K’s legal team obtained an independent medical report which revealed how the defendant’s health was deteriorating – mainly because of the stress of the case.

Kate Blackmore, an experienced sexual offence lawyer with Stuart Miller Solicitors, represented Mr K from his arrest at a police station through to his eventual acquittal.

She advised the client to set the foundations of his defence at the earliest opportunity, and then acted for the pensioner when he was later charged.

Mr K specifically requested that Ms Blackmore continue to deal with his matter, citing her “hard work and dedication”, and requested the help of an intermediary – a neutral communications specialist who helps vulnerable defendants follow legal proceedings.

A Stuart Miller Solicitors spokesman said: “Kate sought an intermediary who deals with adult clients, as opposed to minors, and obtained a full assessment.

“The assessment confirmed Kate’s view that the client would need an intermediary at court.

“This vital detail could easily have been overlooked if it was not for Kate’s determination to ensure the client received a fair trial.

“Kate, who is familiar with the issues and intricacies of cases of this nature, prepared and analysed the case in minute detail. Kate also selected the barrister she thought best for the case taking into account the nature and seriousness of the case.”

The barrister instructed by Ms Blackmore secured a judge’s approval for Mr K to be assisted by the intermediary while giving evidence and being cross-examined.

Mr K’s trial was abandoned after evidence was made available to the jury which should not have been.

A judge agreed it would have been unfair to restart the trial with the same jury and set the matter for retrial.

But with the second trial a distance away, Stuart Miller Solicitors obtained an intermediary report which highlighted Mr K’s failing health.

A decision was then taken by prosecutors that a retrial of Mr K was not in the public interest.