Martin Hicks QC represented Dr Olivier Reymond who was alleged to have fraudulently abused his position as a doctor by procuring payments of £110k from dementia sufferer Armande Cohen, who won the Croix de Guerre in the 2nd World War and was awarded the Legion d’honneur in 2008.
At the close of the prosecution case HHJ Bartle QC, at Southwark Crown Court, upheld defence submissions of no case to answer and directed the jury to acquit. The case concerned the issue of fluctuating capacity under the provisions of the Mental Capacity Act 2005 and Code of Practice. Ms Cohen was discharged from Hospital in March 2011 having been assessed by two neuro consultants as lacking capacity to manage her own financial affairs and care. According to the defence, she thereafter regained capacity to make such decisions before the full onset of alzheimer’s became clear. The defence case was supported, in part, by various prosecution witnesses (carers, social workers) as a result of cross examination.
An allegation that Dr Reymond, with her accountant Barry Jefferd, had jointly changed her Will was dismissed as against the doctor, at an earlier hearing.
Martin was privately instructed by Andrew Katzen of Hickman Rose.
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