Episode 11 - Defence Case Part 2 - Giving Evidence, Silence, Adverse Inferences

The murder trial continues, and we hear the defence cases on behalf of Aidan Johnson and Conor Williams. And now there are just two defendants left in our case, Bianca Jones having been acquitted on the direction of the judge following a successful submission of no case to answer by her barrister Henry Irwin. Having been formally found Not Guilty, it means that Bianca has left the case and moved on to pick up her life, leaving behind Aidan and Conor who are still facing the charge of murdering 23-year-old Daniel Clarke outside Bradley’s nightclub in the early hours one Saturday morning in late January. For Aidan and Conor, the stakes could not be higher. Before long, they will reach the ultimate conclusion of this trial, the jury’s verdict. A Not Guilty verdict will secure their freedom, but a guilty verdict can lead to only one outcome - a mandatory sentence of life imprisonment. At the end of Episode 10, Aidan was called to give evidence by his barrister Gabriella Hadden and in this episode we will join them back in court. As we find out, sometimes the end of the prosecution case is the high point for the defence. In this episode we find out why. What are the risks involved for a defendant giving evidence, versus staying silent? Listen to find out more, including what an adverse inference means for defendants who choose to stay nothing, and what cross-examination can mean for defendants who choose to give evidence. If you want to catch up on what’s led us to where we are now, from the scene of the alleged crime in Episode 1 to the close of the prosecution case in Episode 10, please feel free to start from the beginning to discover how this case has developed from the outset, and exactly why we have arrived at where we are now. As ever, thank you for listening. NOTES Throughout this podcast I have referred to legislation, cases and to further information and reading. Please refer to the links in the Legal Notes below to access this information yourself. You will also find a list of the characters in this podcast below to help you. CHARACTERS Defendants - Aidan Johnson - (visually described at the scene as white, dark hair and a pink shirt) Bianca Jones - (visually described at the scene as white, slim, wearing a green top and with long dark hair) Conor Williams - (visually described at the scene as black, short hair, white t-shirt and stocky build) Prosecution Barrister - Keith Lowe Defence Barristers - Gabriella Hadden - representing Aidan Henry Irwin - representing Bianca Ivy Jewell - representing Conor Defence Solicitors - Georgina Hale - representing Aidan Holly Ibsen - representing Bianca Ramesh Jayanshankar - representing Conor The Deceased - Daniel Clarke - (visually described as having bright blond hair and dark clothing) Main Prosecution witnesses - Ethan Green (friend of Daniel Clarke) Finn Hawkins (friend of Daniel Clarke) LEGAL NOTES Adverse Inference from not giving Evidence - s. 35 of the Criminal Justice and Public Order Act 1994 - Effect of accused’s silence at trial https://www.legislation.gov.uk/ukpga/1994/33/section/35 ADDITIONAL READING - DEFENCE-BARRISTER.CO.UK For additional detailed reading on many aspects of what is covered throughout this series, please go to Defence-Barrister.co.uk https://www.defence-barrister.co.uk written by Chris Kessling, Criminal Barrister. PLEASE NOTE: It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to: Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice. I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor. Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court. The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred. Thank you for your understanding. CONTACT Email: podcast@defence-barrister.co.uk X https://twitter.com/defencebar Instagram https://www.instagram.com/defencebar/ COPYRIGHT Music and content created and recorded by Chris Kessling © 2024. All rights reserved. External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence - https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/