ISOLAS LLP Partner, the Hon. Neil Costa, successfully represented Mr Saldana, who was acquitted of attempted rape following a criminal trial before the Supreme Court of Gibraltar. Neil appeared together with Arcelia Hernandez-Cordero of Ellul & Cruz.
The jury trial spanned 7 days, and Neil cross-examined various Crown witnesses. Neil was able to expose several material inconsistencies in the complainant’s evidence under oath, including as against the physical evidence and the CCTV footage in the case. Most notably, at several point during his cross-examination of the complainant, Neil was able to elicit responses on important issues in which the complainant admitted to giving evidence that was contradicted by the CCTV footage. This adroit ability to cross-examine the witness may have proven crucial in the case.
Additionally, a legal issue arose after the Crown commented in its closing address upon Mr Saldana’s decision not to give evidence. Neil, relying upon section 337(2) of the Criminal Procedure and Evidence Act 2011, submitted that the prosecution was prohibited from making Mr Saldana’s legally protected right not to give evidence the subject of any comment whatsoever.
Consequently, the Supreme Court Justice presiding over the trial directed the jury that the comment should not have been made and must be disregarded. The jury was expressly reminded that Mr Saldana did not have to give evidence or prove anything and that no assumption of guilt could be made because he had not given evidence.
Following its deliberations, the jury returned a majority verdict of not guilty.
For further information, please contact ISOLAS LLP.
