Fit to Appear
By Andrew Costello Russell & Russell
22nd April 2009
Solicitor Advocate Colin Buckle officially entered the Crown Court arena late last year, and has consistently displayed his high calibre. In the last week he appeared as court appointed Special Counsel, in a case concerning sexual assault allegations against a Defendant with severe learning difficulties.
The Defendant in this case had been assessed by two consultant psychiatrists and considered unfit to plead to the charge and unfit to properly instruct lawyers. The Defendant could not fully understand the charge being made against him although to the best of his understanding, the Defendant had denied the allegation. The case concerned numerous hearings in respect of the Defendant's own capacity to understand the case against him. In a complicated case of this sort, the court is required to appoint 'Special Counsel' to represent the Defendant. Mr Buckle had represented the Defendant from the outset of the case and the Bolton Crown Court recently indicated that Colin would be allowed to continue in the case as 'Special Counsel' appointed by the court for the trial which would follow.
This is an area of law that many seasoned advocates have never dealt with. Colin prepared and researched this novel point to a very high standard, earning the praise of many who heard his arguments advanced in court.
Ultimately, due to new defence evidence obtained by Colin, the Crown Prosecution Service took the decision to discontinue the case against the Defendant and verdicts of not guilty were returned.
Colin now begins a two week rape trial where he is being led by senior defence barrister Philip Andrews. In appearing in this complex and serious case, Colin becomes the first of our Solicitor Advocates to be led by senior Counsel.