Our client was charged with larceny inside a hotel and common assault outside the same hotel. The police facts sheet indicated that there was CCTV footage that supported their case.
Before the next court date, we called the hotel owner to find out the location of the CCTV. We were told that the only available CCTV, now deleted but provided to police, was from outside the hotel.
We subpoenaed police for the available CCTV footage that captured the alleged common assault. We proactively gather any available information that will assist in making representations to the police.
In this case the footage was important for three main reasons: it did not corroborate the complainant’s version; it demonstrated our client’s actions after the incident, actions which were consistent with an argument to withdraw the charge; and it made clear that the larceny charge lacked objective evidence.
Representations were made as soon as the footage was obtained. By the next court date we had been notified by the police that they had taken into account the matters raised and that they were withdrawing all charges.
"He's got a very good tactical mind and is good with strategy ... great advocacy and comes to grips with the evidence."