Phil Smith comments on “landmark decision” in legal aid fraud collapse case

May 1, 2014

The Judge in the case of R v Crawley at Southwark Crown Court, today took the “landmark decision” to stay proceedings against 5 defendants because of the absence of appropriate representation for the defendants.

Acting for solicitor defendant, Dale Walker, Phil Smith, Partner at Tuckers commented – “”This is a landmark decision.  The evidence presented to the judge by Alex Cameron QC left him no alternative but to stay this extremely serious fraud case.  The judge has ruled that the stand-off brought about by cuts to legal aid means that none of the 5 defendants in this case can receive a fair trial.  The public will be justifiably outraged by this situation which has been brought about entirely due to cuts in payments made to lawyers who represent defendants in the most serious and complex cases but which also reflect cuts in payments across the board.

Defendants charged in the most serious and complex cases must be Prosecuted and Defended by the most able lawyers around whose expertise greatly assists the administration of justice. When this breaks down justice cannot be administered and this is to the detriment of all”