Wrong, but verdict is safe

The defendant was tried with four others in connection with a construction industry sub-contractors' tax fraud.

In September 2010 he applied to introduce evidence of the bad character of his co-accused. The judge refused him leave to do so on the grounds it would have been unreasonable to expect the other parties to deal with the evidence.

The defendant and one other accused were subsequently convicted; the rest were acquitted.

The defendant appealed arguing that the trial judge had been wrong to refuse him leave under the Criminal Justice Act 2003 s 101(1)(e) to introduce evidence of bad character of his co-accused. He claimed his trial had been unfair and the verdict unsafe.

The Court of Appeal ruled that the defendant should have been given the opportunity to introduce the evidence. But the evidence against the appellant had been powerful and...