David Emanuel KC of the Garden Court Criminal Defence Team represented the appellant.
David Emanuel KC was approached by L’s family to advise if there were any grounds to appeal against his conviction for rape after trial counsel had advised negatively.
Having been provided with all the papers including a transcript of the summing up David advised that there had been numerous errors in the trial process and drafted grounds of appeal and an application appeal out of time.
Despite the prosecution’s strong resistance, the Court of Appeal accepted David’s submissions holding that the cumulative effect of the defects in the legal directions and the fact that the judge had effectively cross-examined the defendant rendered the conviction unsafe.
They granted leave to appeal out of time and quashed the appeal and directed the immediate release of the appellant.
