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Judge dismisses drug case after CPS ‘loses’ emails—slams crown’s shocking inaction

Drug-driving case collapses after CPS fails to act on defence emails—judge refuses to adjourn trial

A judge has thrown out a drug-driving case after the Crown Prosecution Service (CPS) failed to respond to repeated emails from the defendant’s solicitors—despite being warned about the issue for over eight months.

Ahmed Ismail, 32, faced prosecution for allegedly driving under the influence of Delta-9-tetrahydrocannabinol (THC) in Slough last year. But the case collapsed at Reading Magistrates’ Court after the CPS failed to provide the defence with crucial access to the forensic data pack.

Ismail’s solicitors, Qore Legal Ltd, began raising concerns about the missing data in October 2024. Between April and June this year, they sent three separate letters requesting access—none of which the CPS acted upon.

During the hearing, CPS barrister Richard Atkins attempted to blame the defence, suggesting “gamesmanship” and arguing that Ismail’s legal team should have followed up by phone. He asked the court to adjourn the trial so the prosecution could retrieve the documents.

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District Judge Samuel Goozee rejected the request in strong terms. He found that all correspondence had been sent to valid CPS email addresses and dismissed suggestions of foul play by the defence.

“This is not one of those cases where the defence sent to an obsolete address or an address with incorrect spelling,” said Goozee. “On the face of it, the letters were properly sent. I have not been presented with any explanation for why they were not received or acted upon by the CPS.”

He also criticised the Crown for failing to address the issue earlier, noting that the trial had already been postponed once in February due to the same unresolved disclosure problem. The CPS, he said, could not “hide behind” the idea that the defence should have forced a case management hearing themselves.

“This has been a live issue since October 2024, a live issue since the aborted trial on 14 February,” Goozee said. “The Crown is unable to explain to me today what arrangements have been made, despite correspondence dealing with it, and this is the second listing of the trial.”

With the data pack still unavailable, Atkins had no option but to concede. Unable to present vital evidence, he asked for the case to be dismissed entirely.

Judge Goozee agreed, bringing the prosecution to a close.

The ruling is another blow for the CPS, which continues to face scrutiny over case preparation failures and delays in securing forensic materials. Legal professionals have long criticised the Crown for overstretched resources and a lack of consistent communication, particularly in cases involving digital or toxicology evidence.

While Ismail walked free, the case has reignited frustration among defence solicitors who argue that procedural breakdowns are compromising justice—both for the accused and the public.

Qore Legal declined to comment following the judgment. The CPS has yet to issue a public statement on the matter.

District Judge Goozee’s decision will likely intensify calls for reform in how the CPS handles disclosure and correspondence, especially in criminal proceedings dependent on technical evidence.

For now, however, the collapse of yet another trial due to administrative failure has left the criminal justice system once again in the dock.

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