Oliver Kirk was instructed to defend in a 6 day trial at Basildon Crown Court. His client faced allegations of sexual assault, threats to disclose sexual photographs and 2 counts of rape.
The 6 day trial involved a complex non defendant bad character application and careful cross examination of 2 vulnerable witnesses. The case also became another example of late disclosure of crucial evidence in a sexual offences case. The defence repeatedly asked for disclosure of messages from the defendant’s own mobile phone, between himself and the complainant (as the complainant’s phone was not available). Despite at first being informed that there were no such messages, the device was brought to Court on the first day of trial. It was examined and revealed a very different picture to the account given by the prosecution.
The jury retired for less than an hour and a half, and the defendant was found not guilty of all charges.
Oliver Kirk was instructed by Elizabeth Blythe-Cook of ABC Solicitors in Southend.
Oliver is an experienced criminal advocate. He represents clients in the most serious and complex criminal cases. Prior to being called to the Bar, Oliver was a solicitor for 22 years and a Higher Courts Advocate for the last 10. As a result, Oliver has gained a wealth of experience that means he is ideally placed to advise solicitors on case preparation in order to achieve the best possible outcomes for his clients.
