The victim was riding a pedal cycle when he was repeatedly stabbed by occupants of 2 cars who decamped armed with variety of machetes and other weapons. Both cars were later recovered, weapons were found, some with visible blood staining, later shown to be the victim’s. The attack was witnessed by local residents. The victim died at the scene but was revived by HEMS who performed open heart surgery in the street. The alleged motive was a gang turf war. Our client was said to be a member of the attacking gang, although resident elsewhere ,he had been cell sited in the area on days before the attack and at the time of the alleged offence. In addition his DNA was found in both of the cars used in the attack. We instructed DNA experts and argued transference. Our solicitor noticed an issue with the Crown’s expert cell site report. It omitted 2 vital calls made by our client at the material time. It undermined the contention that he was present in either of the attack vehicles. We advised a dismissal point and submitted an application to dismiss. The Crown offered no evidence following a review of the submissions we made.
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