Another success for Janick Fielding

Janick Fielding was instructed at a very early stage to represent the defendant, an exceptionally vulnerable woman, accused of stalking.

The defendant faced an overwhelming case, in which she accepted having placed prominent posts on the internet and having sent a number of messages to a man’s girlfriend and his employers. In all of these communications, she accused him of raping or having committed other serious sexual offences against her.

On the face of the papers, there appeared to be no defence at all, the evidenced conduct being plainly established and indeed fully accepted by her. Further, her conduct was obviously of a nature that would cause extensive alarm and distress and likely also ruin a number of his personal and professional relationships. Indeed, exactly that damage was described from a number of sources and, as a result of the effect of the defendant's accusations, the complainant had undergone therapy.

The defendant could and should have informed the police rather than taking matters into her own hands, but had decided not to do so.

The defence position was that the prosecution was, notwithstanding the defendant’s deliberate actions, an affront. She had indeed been his victim, he having raped her on more than one occasion and variously sexually assaulted her, having pursued her whenever they had been in the same social venues.

The Crown objected strenuously to the defence relying upon this background, however, counsel had woven the same indelibly into the fabric of the thin defence, such that disentangling the cause from the act became impossible.

The defence also instructed a forensic psychiatrist, connecting the various milestones of her evolving trauma, her mental health diagnoses and the physical manifestation of them to the events previously identified, some of which appeared on her medical records. This demonstrated, albeit retrospectively, the existence of professional evidential support for her allegations.

On being presented with counsel’s detailed skeleton argument inviting a review, the Crown conceded the case was no longer in the public interest, irrespective of the strength of their evidence. A not guilty verdict was recorded at Wood Green Crown Court.

Janick was instructed by William Morrison of Sanders Witherspoon.