No evidence offered against Ross Ludlow’s client on day three of ABH trial

Background

A young man and his father were accused of a violent assault on multiple complainants arising out of a payment dispute on a building site. Ross Ludlow was instructed to represent the son.

The case against Ross’ client

It was alleged that Ross’ client pushed one complainant, and punched and wrestled another to the floor, before placing him in a headlock for 30 seconds whilst his father hit him on the head with a bladed article. He pleaded guilty to common assault for the push, but fell to be tried for ABH in respect of the other allegations. 

Unavailable witnesses

The primary complainant, and another eyewitness, had been out of the jurisdiction for some time before trial. The Prosecution sought to rely on their evidence under s.116(2)(c) and s.114 of the Criminal Justice Act 2003, on the basis that it would not be reasonably practicable steps to secure their attendance despite taking all reasonable steps to do so, and that to admit their statements would be in the interests of justice.

Hearsay argument

On day three of trial, after all willing witnesses had given evidence and been subjected to cross examination revealing key inconsistencies in the Crown’s case against his client, Ross successfully opposed the hearsay application in relation to his client. The application itself involved careful cross examination of the officer in the case on the steps taken by the Police to locate and secure the witnesses at trial over the course of the last 3 and a half years. The Judge then heard legal submissions and refused the application, having found that neither gateway to admissibility was satisfied.

No evidence offered against Ross’ client

Pre-empting a submission of no case to answer, the Prosecution then offered no evidence against Ross’ client before the close of their own case.

Representation

Ross Ludlow appeared for the son. Kenniesha Stephens appeared for his father. Both were instructed by Laura Robinson of Angela Porter Solicitors.

About the Barrister

Ross Ludlow was called to the bar in 2021. He joined Chambers as a tenant in October 2024 following the successful completion of his pupillage. He has built a busy Crown Court practice, earning a strong reputation for client care amongst instructing solicitors across a wide range of criminal matters.

To instruct Ross, contact his clerks Ryan Bartlett or Amie Harris on 020 7404 1881.