It's another one of these from the archives: Another "how did we even get this far?" situation.
The court recently proceeded with a trial in the absence of a defendant accused of possession of cocaine.
Possession of a controlled drug is an offence under section 5(2) of the Misuse of Drugs Act 1971. The maximum sentence in relation to a class A drug, such as cocaine, is 12 months' custody and/or an unlimited fine on summary conviction; 7 years' custody on conviction on indictment.
The defendant, who was clearly known to the police, had been sitting in the rear of a vehicle that had been stopped by officers in relation to other matters. The vehicle was being used for Uber private hire.
Officers recognised the rear seat passenger, who they considered to be acting in a rather furtive manner. They asked him to step out of the vehicle and conducted a quick search of the rear seating.
They found two wraps of cocaine tucked beneath the drivers' seat, directly infront of where the defendant had been seated a few moments earlier.
The man was arrested at the scene and denied any involvement with the drugs. He maintained that position when later interviewed at the police station.
These circumstances were outlined in the live evidence of the arresting officer.
In cross-examination the officer agreed that he had not seen the defendant secrete anything beneath the drivers' seat.
He also conceded that he had not taken a statement from the Uber driver, so had no way of knowing when the vehicle was last cleaned or how many passengers had been carried since then.
The officer also confirmed that no evidence had been obtained from the wraps that would link them to the defendant. That might sound surprising, but the court rarely hears anything about fingerprint or DNA evidence - expensive forensic techniques tend to be reserved for Crown Court matters.
Other than proximity and some sort of copper's hunch there was nothing to link the defendant to the wraps of cocaine.
Given the standard of evidence the bench had little difficulty in dismissing the matter.
That the officer failed to ask the Uber driver even the most rudimentary of questions is absolutely astonishing.
That the CPS reviewing lawyer considered it passed the evidential test, even more so.






