Criminal damage with intent to endanger life.

Merseyside Police

An incident occurred on a building site, where a mini-digger was driven into the reception area of a recently completed Hotel. The Defendant used the mini-digger to cause damage to the general construction and materials of the building, including the energized electrical installation within the Hotel.

Numerous workers were present during this event and were put in danger. The workers took it upon themselves to record the events and post it on social media. I understand that the amount of damage caused has been valued at £443,442.19.

Client comment:

“Merseyside Police selected Mr Barry Kelly of B.M. Kelly Associates Ltd. Mr Kelly who showed his expertise and professionalism from the first contact and throughout the investigation. Details of what was required was provided in a face-to-face meeting and a strategy of the way forward was planned with a very short time scale.

An extensive report was provided which was detailed and included evidential points to prove which were irrefutable. This evidence provided by Mr Kelly was served on the defence in preparation of the forthcoming trial.

The case was listed for trial at Crown Court for Monday 2nd September 2019, estimated for 3 days. On the first day of the trial the defence counsel were informed by Detective Constable Chandler that Mr Kelly will be attending the court on the second day of the trial to give his expert evidence. The accused subsequently changed his plea to ‘Guilty’ to the serious offence of Criminal Damage reckless as to endanger the life of persons present. The Defendant was subsequently remanded into custody and a date was set for sentencing on Friday 1st November 2019.

It is in no doubt that without the expert evidence provided by Mr Barry Kelly, the accused would not have changed his plea to Guilty. This prevented a 3-day trial taking place at Crown Court and brought together a successful prosecution for a serious offence”.