Sarah Memmi, instructed by Neville Gray of FMW Law part of GT Stewart Solicitors, represented DM in a 7-day trial. DM was charged with one count of controlling and coercive behaviour, one count of witness intimidation and four counts of disclosing sexual photos of his ex-wife. The defendant’s defence was that: his behaviour was not controlling and coercive, and in any event did not have the necessary impact on his ex-wife for the offence to be made out; he accepted speaking to the complainant and asking her to withdraw her allegations but not as a threat, nor to intimidate her and it did not in fact intimidate her; he disclosed the photos but not with intent to cause her distress, rather to prove that she was cheating on him.
Sarah secured unanimous Not Guilty verdicts on the count for witness intimidation and one of the four counts of disclosing sexual photos. The jury convicted the defendant of the remaining three counts of disclosing sexual photos. The jury were given a majority direction after a day of deliberations and unable to reach a majority verdict after a second day of deliberations, and were therefore discharged. The Crown confirmed they would not proceed to a retrial, and offered no evidence, prompting a Not Guilty verdict. DM was therefore acquitted of the most serious offences on the indictment, controlling and coercive behaviour as well as witness intimidation, and of one of the counts for disclosing private sexual photos.
Related barristers: Sarah Memmi
Related practice areas: Crime