A Detective Constable from a specialised covert unit was charged with inflicting grievous bodily harm after an off duty incident. The prosecution case was that the injury – a spinal fracture – was caused after the officer had jumped from a height of about 6 foot from a wall, landing on the complainant. The defence case was that the officer had intervened to break up a fight, the injury to the complainant was caused after he had fallen accidentally. The officer’s case was, throughout, that he had not jumped on the complainant – either as he complained or at all. Experts were instructed for both sides to consider the mechanism by which a wedge fracture to the thoracic spine might be caused. At trial the case turned on the evidence and cross examination of the prosecution expert, a consultant orthopaedic surgeon as to the causation of the thoracic spinal injury. The defendant was unanimously acquitted by the jury after a four day trial.
Instructed by Colin Nott and Nick Gay of Hallinans.
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