Victoria Barker successfully brings a halt to proceedings wrongly brought against a soldier
Victoria Barker successfully defended a soldier before a Court Martial in a three day ‘abuse of process’ hearing.
The soldier was charged by the Service Prosecution Authority, after already being punished for an offence previously, through the undertaking of onerous duties, usually carried out by up to 20 soldiers.
Victoria established that the soldier in question had already been punished by his Sergeant Major and successfully brought a halt to proceedings brought against the solider before a Court Martial.
In the three day ‘abuse of process’ hearing Victoria also established that the chain of command had changed standing orders during the service police investigation into the case, making it appear that the punishment the soldier had been given appeared within his normal duties.
Victoria successfully satisfied the Court that if the solider was prosecuted before the Court Martial this would amount to an abuse of process. The Judge Advocate General ruled in the soldiers favour and brought an end to proceedings against the solider.
The 3 day hearing involved the Court Martial hearing evidence from five prosecution witnesses including a Captain and a number of Senior NCO’s.
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