Kitan Ososami successfully argues for stay of proceedings as an abuse of process.

6 Dec 2023

Kitan Ososami’s client was charged with assaulting an emergency worker.

The day before the trial, the CPS discontinued proceedings as they were unable to comply with their statutory disclosure obligations. Eight weeks later, the CPS reinstated the charge under the Victims’ Right to Review scheme.

Kitan argued that this was an abuse of process as it would offend the court’s sense of justice and propriety.

The District Judge agreed that it would be unfair to try Kitan’s client under these circumstances and stayed the proceedings as an abuse of process.

Kitan was instructed by Zachary Whyte and Ruby Breward of Sperrin Law.

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