Sania Nissar of the Garden Court Crime Team was instructed by Paul Block of Levy and Co Solicitors.
Sania’s client ‘CU’, a vulnerable individual who had experienced racial abuse, was taking action to remove St George and Union Jack flags that had suddenly emerged in his neighbourhood when he was found and arrested by the Police.
CU was charged with criminal damage, possession of an offensive weapon (a wooden pole with nails affixed) with intent to cause criminal damage and a separate possession of bladed article charge.
Sania’s application to dismiss the criminal damage charges was made on the basis that there was no evidence of damage to the flags and no evidence of their ownership.
The application to dismiss the charge of possessing an offensive weapon with intent was based on the fact that the Crown’s case, taken at its highest, was that any damage was reckless.
The Prosecution did not oppose the application, resulting in the Crown ultimately offering no evidence.
Following representations on the remaining possession of bladed article count, the Crown accepted a Police conditional caution in lieu of a prosecution.
