By David Kilty, Solicitor-Advocate

Here is another example that shows the importance of obtaining legal representation if you are arrested.

In this case the person was arrested on suspicion of assaulting his daughter. As he felt convinced of his innocence, he did not seek legal representation under the assumption that he would be able to explain events and be released without charge.

However, during the course of the arrest, the police fired a number of leading questions at him and he accepted that he had pushed his daughter.

This man realised that he had made a huge mistake in being unrepresented at the police station and he came to us for representation at his Magistrates’ Court trial.

In consultation with him, I established the circumstances leading to his arrest. A row had developed between the client’s wife and his daughter’s boyfriend. During the row, my client heard the boyfriend threaten his wife and her property. His reaction to this was to rush to his wife’s aid. However, his daughter stepped into his path to stop him reaching her boyfriend and there was nothing that could be done to stop a collision between the two.

I was able to ensure that the Magistrates were fully aware of the sequence of events and my client was acquitted.

My client was hugely relieved at this outcome, and was only sorry that he did not seek our support sooner. I had to agree, as had I or a colleague been with him at the police station interview, we would have ensured that leading questions were not posed by the police officers and would have made sure that he had enough time and composure to put forward his version of events. In all likelihood he would not have been charged and could have avoided the stress of the trial.