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CPS to apologise for not rescheduling trial because witness was on holiday (3 August 2015)

Date: 03/08/2015
Duncan Lewis, Legal News Solicitors, CPS to apologise for not rescheduling trial because witness was on holiday

The Crown Prosecution Service (CPS) is to apologise to a school, after a case in which a man charged with stealing iPad tablet computers from the school was acquitted, after a member of staff who was a witness was found to be on holiday during the trial.

The Evening Standard newspaper reports that 22-year-old Henrique Coceicao from Portugal – currently living in Hornsey, north London – attended Highbury Magistrates’ Court with his father on Wednesday (29/07/15) expecting to stand trial. He had pleaded not guilty to stealing iPads from Fitzjohn’s Primary School in Hampstead at a previous hearing.

The headteacher at the school had given the CPS two months’ notice that he would be on holiday abroad when the trial was taking place – but the trial had not been rescheduled.

A spokeswoman for the CPS said the service had not been “proactive” enough in rescheduling the trial date once it had become known the witness would not be available to give evidence.

As a result, the prosecution did not submit any evidence to the court and a verdict of not guilty was returned.

In an email from Sri Lanka, headteacher at the school, Rob Earrey, said the CPS had returned his email saying that an adjournment “would be asked for”.

“Since then I have received no communication from the CPS. I’m afraid I was unaware the case was happening.

“Had I been in the country, I would obviously have been in court.”

Mr Coceicao is unable to speak English and an interpreter explained the verdict to him. He was given £10 by the court for his travel expenses.

The 14 iPads taken from the school are worth £4,600 and were taken between December and January.

Mr Coceicao is a former employee at the school.

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